Suffering from a personal injury at work may be daunting. Aside from the injuries sustained, you’ll also end up spending an enormous amount of money on your medical costs and other expenses, which is why the law provides you the legal right to recover compensation from the party responsible for your injuries. To have an in-depth understanding of personal injury cases arising from work, below are the key things to remember legally when you’ve been injured at work.
Personal Injury Cases Arising From Work
Remember that working for a business establishment doesn’t necessarily mean that you’re immune from getting injured. In fact, some state laws require that employers should exercise a reasonable standard of care to ensure employees’ safety. If you’re travelling for work and you end up being injured in a pedestrian accident, you may click here to get in touch with a lawyer to see the legal implications of the accident to you and your workplace.
However, injuries arising from work can always be a possibility especially if someone in the company or the employer acts in a negligent manner. So when you’ve been severely injured, don’t hesitate to exercise your legal rights to recover compensation for your losses by taking advantage of the following remedies.
Trying an Amicable Settlement
Dealing with a personal injury at work doesn’t always have to involve court. If you can also make use of several dispute settlement processes you can settle disagreements between you and the party at fault.
- When working toward an amicable settlement with the offending party, it’s best to consult a lawyer to help you navigate the whole process of settling the dispute. Remember that an attorney can guide you when making important decisions regarding the settlement process.
- Bear in mind that trying for an amicable settlement can be very beneficial for both parties. Aside from not paying an enormous amount of attorney’s fees and other court fees, you’ll be able to stay out of court completely. In the end, you’ll be able to save your time, money and effort by working out the dispute.
Determining Your Cause of Action to File a Lawsuit
Take note that a cause of action can be a factor in deciding whether to file a lawsuit or not.
- When it comes to the cause of action, the first thing that comes to mind is the existence of employer-employee relationship. In other words, you can’t say that your employer has been negligent in performing their duty of care if you’re not even in that kind of relationship.
- Personal injury cases focus on negligence as a primary consideration for bringing a cause of action in court. While most states require the existence of negligence on the part of the plaintiff, the same requirements are also needed before a personal injury case can be filed.
Filing a Personal Injury Claim in Court
Filing a personal injury claim at work can be considered as your final remedy when amicable settlements don’t work out.
- Keep in mind that being the injured party, you’re entitled to try all available legal remedies. In almost all cases, recovery of damages against the individual who may be responsible for your injuries at work can be made by filing a personal injury claim in court.
- Hire an experienced lawyer who can represent you legally in the litigation. Make use of the attorney’s specialization in handling personal injury lawsuits. That way, you and your attorney will be able to handle the case properly.
- Also, remember that personal injury claims are subject to the statute of limitations. It means considering the filing period provided by law within which you can bring the action in court, which is why talking to an attorney is a must to know some legal concepts including the statute of limitations.
Recovery of Damages Through a Final Court Judgment
One reason for filing a personal injury lawsuit claim is the recovery of damages through a court judgment.
- By taking your case to court, you’ll be able to get compensation for damages against the employer or any person at fault for your injuries at work.
- Once you and your attorney have submitted your pieces of evidence to prove that your employer is guilty of negligence, which is why you’ve incurred injuries while working, the jury will decide the case in your favor. In turn, you’ll be entitled to recovery of compensation for the damages. Below are the potential losses you can get from the offending party:
- Lost earnings
- Medical expenses
- Mental and emotional trauma
- Physical disability
- Other out-of-pocket expenses
Getting an Experienced Attorney
The complexity of personal injury lawsuits requires that you hire an experienced lawyer for representation purposes. In looking for an attorney, try inquire about their credentials, including years of valuable experience in handling personal injury cases.
Remember that personal injury at work can be a discouraging time of your life. Thinking about the medical bills, lost wages and other moral damages is the most challenging part of facing a personal injury lawsuit. That’s why it’s important to know how your state laws work so that you’ll be able to exercise your right as the injured party. Just take note that state laws vary, so getting the assistance of an attorney can be of help in this kind of situation.
P.S. Many thanks to Vicki Haskett for providing this material. Vicki is a law writing enthusiast who’s had over 25 years of experience in her field. She enjoys sharing her experiences with those who want to learn more about the legal world. In her spare time she spends quality time with her family and friends.