Accidents occur in the workplace all the time – and far more frequently than you might think. Millions of workers are injured every year, and, naturally, millions of compensation claims occur as a result. But have you ever wondered what you could claim for? The law states you can be compensated for a variety of issues, which we’re going to run through with you now. Read on to find out more!
Before you can start feeling confident about compensation, you have to understand what lies ahead of you. As the victim, you must prove the negligence of your employer if you want to get a positive result. The idea here is to expose your employer’s breach of their duty of care – but it can be tough to prove. Look for an experienced personal injury lawyer who will fight your corner for you, and help you gather as much evidence as possible. Not only will they help you prove negligence, but they can also help you understand it. The law is a complicated beast, and going it alone can be tough when going up against an insurance provider’s legal team. Now let’s break down what you can expect compensation for.
The first damages you should consider is the economic impact. You should be compensated for any financial loss that has occurred because of the accident. These expenses can include medical bills, lost earnings, and specialist services like physio. It also includes any costs of broken equipment, if your gear has been damaged in the process. As anyone who has been off work after an injury will attest, these costs can quickly stack up.
While your economic losses can all be measured, some things are less tangible. Noneconomic damages will compensate you for those things you cannot see. It includes things such as your mental anguish, pain, and suffering. You can also claim for damages to your relationship. For example, it the injury is severe enough, and you have to spend months in a hospital, your family can file for damages for loss of companionship. However, because no one can judge these noneconomic factors in a measurable way, they can be hard to prove. Make sure you and your family are keeping a diary of your thoughts and feelings – and noting down the incident’s impact.
Punitive – or exemplary – damages are not available in every state, but they are worth looking into. They can be awarded if you can prove your employer had sheer disregard for your personal safety or intended to cause you harm. Again, they can be tough to prove, so it’s a good idea to keep records as evidence.
One last thing you need to consider – put your claim in fast. You only have a finite time to file a personal injury claim, known as the statute of limitations. The particular length can vary from state to state, so it is essential you find out where you stand. Also, starting a claim as early as possible means that all the vital info about the incident is still fresh in the memory. It can help a lot when gathering evidence and recalling your version of events.