The CDC has reported that for every 100 accidents that occur at a workplace, 30 of them will be the fault of the employee who was hurt. This means it becomes more difficult for a person who has been injured at work to prove the employer was at fault completely. Even so, workers’ compensation will still apply regardless of who is at fault. There are times, however, when the workers’ compensation fails the employee, and the next step will be pursuing a personal injury lawsuit. Personal injury lawsuits can take many forms. If you are unsure as to whether or not you have a case, you can contact Vaziri Law Group to discuss the details of your situation and get the help you need.
What to Do When a Workplace Accident Has to Go to Court
Under normal circumstances, a company’s workers’ compensation insurance will pay a claim when an employee has slipped and fell at work. If that doesn’t happen there are specific things the employee should be sure to do to pursue the claim at the next level. The first couple of steps will have already been taken care of during the workers’ compensation phase when the employee reports the accident or incident to the supervisor and immediate medical attention has been sought. A lawyer or law firm should be consulted at this point.
Things to Know About Workplace Injury Lawsuits
An injured employee (such as one who slipped and fell) must be aware of the statute of limitations in the state or commonwealth he or she resides in. For example, in Illinois, the law allows two years from the date of the accident for the injured party to file the personal injury lawsuit in a civil court. If the lawsuit is not filed within that window, any opportunity for the case to be heard or for the employee to be awarded damages will most likely be missed. It is important to stay within that window.
More Things That Must Be Done About Workplace Injury Lawsuits
When the attorney is retained for a workplace injury lawsuit, a document known as the Complaint or Summons will have to be filed in the court where the proceedings will take place. This information will include the parties involved in the matter, what happened to cause the injury, who is alleged to be responsible for paying the claim, and how much the plaintiff expects to be awarded. The defendant (in this case the employer) will respond with a document called The Answer in which the defendant will either admit or deny the allegations being made.
Other Information That May Be Helpful
Steps to remember if an injured employee wants to be sure all bases are covered are: (1) be still and check for any signs of broken bones or other injuries, (2) let someone know about the accident, (3) take photos appropriate to the accident, (4) consult with a doctor, (5) file an insurance claim, and (6) consult a personal injury attorney. Following all these steps will ensure the injured employee nothing has been left out that could slow down or ruin his or her personal injury case.
Final Consideration
It is likely that large companies have skillful attorneys who will not surrender easily to demands for a large settlement in a personal injury lawsuit. Consequently, the injured employee needs to ensure a defense attorney or law firm selected is equally as skillful and willing to fight for the client. The outcome will largely depend on who presented a more compelling case.
