If you were injured within the scope of your employment and you believe such injury was caused by negligence, you may have a claim against your employer. Getting compensation based on your employer’s negligence comes with its hurdles. That is, your legal right will depend on the size of your employer and your work.
Should I Sue my Employer for my Injuries at Work?
One of the common questions among employees is whether one can sue an employer by filling a personal injury claim or workers compensation claim. In some cases, you may have both claims. But where an act of negligence is so evident, you may choose to file a personal injury claim.
Personal injury claims against employers are common. If you are contemplating filing a claim, it’s advisable to consult the best attorneys in Wasilla.
When filing your claim, you have to keep in mind that:
You Should not be Discriminated against – It would be illegal for your employer to discriminate against you because you decide to take legal action.
You should not be Terminated – Your employer will have violated the law by retaliating against you for taking legal action to protect your rights.
If your employer knew about weak flooring or wet surfaces, but never had any sign to indicate such, and you slip and fell causing your leg injuries, such would be considered negligence. Not very personal injury claim is an open and shut case. That’s why it’s recommended to consult with a lawyer who understands the regulations and requirements for your claim.
Assert your Legal Rights
Once it’s clear that your workplace injury resulted due to your employer negligence, then you may consider the below facts:
Have Facts – The first step towards preparing for your personal injury claim is to have all the facts of your injury. And then you can hire the best medical negligence solicitor for further procedures. You can choose to briefly summarize what happened, who witnessed the injury, and why you believe it was through negligence. You should make sure to have all the relevant facts needed in case your employer may push back against you. If you don’t understand how to go about your case, consulting a lawyer would greatly assist.
Talk to your Employer – Look for an appointment to air your views with your employer. A talk can solve any difference you may have. No employer would want to violate the law except unruly employers. Your employer may lack knowledge, or there may be a misunderstanding that can be resolved through talking.
Make your Case Private – Things may not turn out well if your employer learns that you have been poisoning the workplace with unsupported accusations about your employer.
Don’t be Emotional – Having an injury resulting from negligence is overwhelming. If you talk to your employer with emotions, this can make your situation worse. You need to train yourself to become calm and avoid any unfounded confrontations with your employer.
Move On – If you communicated with your employer and followed up on the case, and it seems you’re hitting a dead end, move on. Once it’s clear that your employer is not ready to make things right, let him/her know of your next steps. Your employer should know that if you don’t receive any feedback, you will file a claim.
Take Legal Action – If your employer learns of your intention about filing a claim against them, you may be fired or even demoted. Where there is no action taken towards your complaint, the only solution will be to file a personal injury claim. For this, you must consider that you will spend money and time getting appropriate evidence to be used for such legal action. You may have your claims settled before it could move on to trial. In most cases, personal injury claims are settled way before trial.
Then keeping the above in mind, you need to have a strong basis for your claim. This is possible with a seasoned lawyer who has dealt with personal injury cases before. Such a lawyer can help on how to start a workplace claim against your employer. The success of your claim will depend on how well you will demonstrate that your employer’s negligence caused your injury.
Getting evidence for your Workplace Injury Negligence
If your employer cared carelessly, then negligence will apply. You don’t have to wonder where your medical bills and who will pay for your financial expense to cater to your family needs. The law allows you to compensate for your lost wages, medical bills and even any pain and suffering. It’s worth noting that you will get your pain and suffering damages from filing a personal injury claim which is not granted in a workers compensation claim.
If you move forward with a personal injury claim, make sure your legal actions are within the set time limit for filing such cases. Your lawyer will guide you in meeting such deadlines as they apply to your case.
