How Can I Prove Liability If I Am Seriously Injured While at Work?
Injuries at the workplace are a common occurrence worldwide and can vary widely from being small bruises to significant injuries that may lead to permanent physical disability. Workplace injuries most commonly occur due to personal negligence on the part of the employees, but in some cases, the workplace is responsible for the injuries incurred.
Almost all businesses, big or small, have rules in place regarding liability in case of workplace injuries. These businesses protect themselves via insurance regarding workplace injury claims made by employers. While this general insurance covers various accidents and injuries in the workplace, there are still instances where an employer can be held liable for the injuries within a workplace as provided by the knowledgeable slip and fall injury lawyers at Salamati Law Firm in Los Angeles, CA.
Compensation for Workplace Injury
The state laws that govern compensation for workers vary according to your State of residence. Obtaining legal advice might be helpful in case of workplace injury claims. Workers’ compensation claim is a way to receive financial compensation for injuries that occur while on the job.
For this to work, it is necessary to prove that you, the employee, were not responsible for the events that led to the accident and the resulting injuries. The financial compensation awarded through these claims is only valid for the medical expenses and loss of income due to the accident.
For businesses that have this compensation in place, you do not require proof of liability to build a case against the employer. If you fulfil the requirements for the claim, obtaining monetary compensation is a relatively uncomplicated process.
Filing a Civil Lawsuit
In case the workers’ compensation is not available at your place of employment, there is the option for filing a civil lawsuit. It means that you can sue the employer if you can successfully prove in a court of law that the accident resulted from unsafe work conditions or negligence on the part of the employer.
Aside from the proof of the employer’s wrongdoing, it is essential to prove in a court of law that you suffered a loss because of the injuries resulting from the accident. Compensation obtained through such a lawsuit covers not only the medical expenses and loss of income but also emotional damages.
What Can You Do?
In cases like these, the burden of proof lies on the injured employee. If you have suffered a workplace injury, the most valuable steps to take are to document the injuries and events surrounding the accident. Proper documentation can help provide the evidence you will need to prove your legal claim in the court. You should take photos of the place of accident as well as all incurred injuries.
After calling for help and medical attention, it is vital to ensure that you contact the employer. It is especially needed if a fellow employee was responsible for the injury. Similarly, if there are any witnesses to the incident, you should try to obtain audio statements from them. Having credible eyewitnesses can strengthen your legal case to a great extent leading you to have more possibilities of winning the claim.
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