A lawsuit requires evidence to prove the defendant can be held liable for workplace accident damages. If you want to file a lawsuit, in addition to receiving workers’ compensation, your employer or a third party would need to have been grossly negligent. This requires an investigation of how the workplace accident occurred. If they are determined to not be negligent, your best approach would be to only file for workers’ compensation. Workplace accidents typically are covered by workers’ compensation, so it is not always necessary to file a lawsuit. However, if your employer was negligent, you may be owed a settlement for their lack of care.
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File Workers’ Compensation If Applicable
When you experience a workplace accident, you should file for workers’ compensation. Notify your employer that you were in an accident, seek immediate medical attention, and speak to an attorney to review your claim. Doing this can ensure you receive compensation and workers’ compensation benefits. If your employer was grossly negligent, you can work with your attorney to file a settlement claim.
File A Settlement Claim If Another Party Is Involved
In some cases, you will need to seek compensation from a third party. Employers would not be held responsible if a manufacturer produced faulty equipment or equipment that malfunctioned and injured the user. Other examples include when employees from other companies were working at your workplace, and inadvertently caused your personal injury. You can work with a personal injury attorney to hold the other party responsible.
Document Evidence Of Gross Negligence
The only way you are able to sue an employer is if they are determined to have been grossly negligent. Your employer owes you a duty of care, which means they have a responsibility to keep you safe while you are working on the premises. When someone owes you a duty of care, falling beneath these standards can make them liable for your injuries. They must have put you in a dangerous situation that greatly increased your chances of being harmed. According to 1-800-Injured, your attorney would work with you to prove the following:
Breach of Duty
If your employer breached their duty of care, that means they have been negligent in some way.
Causation
Your personal injuries must be directly caused by your employer’s actions.
Harm
If you did not suffer any damages, you will be unable to be considered for a settlement award. You must have been directly harmed by your employer’s negligence to be eligible.
Ways Attorneys Prove Your Employer Was Negligent
Forms of proof you can use when suing for a workplace accident include the following:
Photographic Evidence
If you were in a workplace accident, any photographs of the accident scene can be used as evidence. This includes pictures of your injuries, the scene where the accident occured, and any items that contributed to your accident.
Surveillance Camera Footage
Some employers have surveillance cameras installed throughout their premises. Your attorney can use this information by analyzing the footage to determine exactly how the accident occurred.
Eye Witnesses
Any co-workers who saw your accident will be useful because they can provide testimonies to support your claim.
Medical Bills
Costly medical bills tied to your injury will demonstrate you were harmed due to gross negligence. Attorneys can use medical bills to reveal the types of injuries you have and their severity.
Lost Income
Because of your injuries, you may need to stay home to recover. This can prevent you from receiving normal wages and can make you financially unstable. Your lost income is also a form of proof revealing how badly you were wounded.
Other Information For Suing Your Employer For A Workplace Accident
Gross negligence must be proved with strong evidence. Otherwise, you would be covered by workers’ compensation. Because this can be difficult to prove, you will need to work alongside your attorney. Work with a reliable and driven workplace accident attorney who can prove exactly how your employer was grossly negligent. With enough reliable evidence, your lawyer can file a settlement claim against your employer. If they refuse to settle, you can sue them in court through a civil lawsuit.
