An injury to an employee at the workplace can result in personal injury lawsuit against the organization, if they are unwilling to compensate him adequately according to the law. The definition of workplace includes the building and external locations wherein the employee is carrying out his official duties at the time of accident. There are two types of injuries which could be sustained by the employee at workplace. The first category is due to the sudden impact of the accident. The second one could be due to prolonged exposure to harmful conditions.
The lawyers at http://www.yourlawyer.com can help the employees claim for compensation in both the cases. For his he considers many important parameters like the required safety equipment, safety guidelines at the accident spot, protection measures taken by the employer etc. The lawyer subjects them to investigation and prepares an initial report. A formal complaint by the claimant with the local police is required for the police report and permission to conduct investigation at the accident spot.
Sudden Impact Personal Injury
- This type of injury could be sustained due to fall, hit by a moving vehicle, machine or their parts while on duty.
- The employee is advised for emergency medical care and then taken to hospital for further care. Depending on the advice by the doctors he may be subject to hospitalization and treatment.
- The medical report will be able to determine the cause and nature of sustained injury.
- The lawyer collects all the evidences from the accident spot, including photographs of the injuries and the spot.
- They are subject to forensic analysis and the report from the expert is matched with the medical report submitted by the hospital where the injured employee is taking treatment.
- The personal injury lawyer is then able to prepare the required documents of proof and file the lawsuit against the employer organization. Before that he may try to negotiate with the management for the settlement.
- If the claimant has insurance coverage, the lawyer will help file a compensation claim from the insurance company. If the results are negative, he may include compensation claim also in the litigation document and submit to the court of law. The trials will begin as decided by the court.
Long Term Personal Injury
These types of personal injuries are said to be complex in nature and take longer time for establishment of evidence. You can consider the case of lung cancer to an employee due to excess exposure to asbestos at the workplace.
- The lawyer needs to prove the connectivity between the lung disorder and the asbestos as a cause. For this he needs to study the working conditions, safety equipment and its usage by the employee, other probable causes of lung disorder (smoking, external exposure to pollution etc) This is done with the help of proof from on spot investigation and the medical reports.
- Once he is able to establish the link clearly, he will follow the negotiate path initially. If that doesn’t work he will opt for the lawsuit for claiming the compensation.