A work-related injury is an injury sustained while working for the benefit of an employer. Though this implies physical damages, it also includes illness or sickness that occurs as a direct result of an injury in the workplace. To pursue any claim, your injury must have been reported when it happened. Failure to do so can make it much more challenging to have your case heard before a court.
By choosing to consult a lawyer to aid you in this process, you’ll have access to aid and advice in determining whether your employer was to blame and, therefore, whether you’re eligible for compensation. Having a lawyer assist you in this determination early in the process could save you vital time and set you on the right path toward compensation.
Determining Fault in a Work-Related Injury
Despite the circumstances the injury took place, whether during offshore employment, driving an 18-wheeler, or as a bike messenger, to determine fault in a work-related injury, evidence pertaining to the incident is required. Your employer must present the evidence they were notified of the incident when it occurred, along with any other relevant information. Photographs of the injury and the environment where the injury occurred are good practices when pursuing a successful claim, and the acquisition of witness statements can strengthen your case considerably.
Your own written testimony must also be written soon after the accident to paint a clear picture of your interpretation of events. Your medical practitioner should also be able to provide supporting documents regarding your injuries and their impact on your day-to-day life.
Mental and physical harm caused by a work-related injury can be eligible factors in claiming workers compensation insurance. Again, this depends on you having reported the incident to your employer at the time of the accident. An on-the-job-related injury resulting in lost wages and diminished earning capacity can have a huge financial impact on an individual, as can any resulting medical bills. The physical and emotional strain caused can’t be understated, either, and all of these factors should be taken into account when calculating the value of your claim.
To ensure your claim proceeds smoothly and you’re able to receive the money you’re entitled to, you must file your claim following relevant work injury laws. Employers often deviate from agreed-upon protocols and procedures following the injury of an employee on-site. Therefore, it’s crucial your filing is accurate to proceed with your claim.
If you’ve been the victim of a work-related injury and are unsure or confused as to how to pursue your benefits, contact Manard Law LLC on 504-585-7777. We’re here to offer advice and guidance in your time of need and will do our best to help you fight for the compensation payments you could be entitled to.