If you have recently gotten into an unfortunate accident during the course of your employment then you have come to the right place. Workplace injuries can be quite devastating especially if they result in high medical bills and loss of wages due to accidents. Most people don’t even know the rights they are entitled to as an employee and often forgo the chance of filing a work-related accident claim. The law that governs this aspect of society effectively gives extensive rights to employees and they actually have the legal stance of winning damages that effectively encompass their losses.
Contrary to popular belief you normally can not sue your employer. However if you are injured on the job you can file a workers compensation claim. And if they hold this against you then you can file a claim against your respective company. If by any chance you believe that your employer may fire you simply on the basis that you are threatening legal action then file a claim under wrongful dismissal. However, if you believe that you can file a claim without affecting your job security then there are certain factors which you should take into perspective.
Your representation is crucial
Who you choose to represent you in court plays a massive role in the outcome of your case. Make sure you contact a seasoned professional such as Anthony D Castelli. He is a respected attorney, author and businessman who has over thirty-five years of legal experience. Anthony has written or contributed to three books including Attorney Advertising Revealed, Wolf in Sheep’s Clothing and the Ohio Motorcycle Bible. Only a seasoned professional can effectively help you win these difficult cases as your employer will obviously have better resources at their disposal including a team of advocates and attorneys.
The injury must occur during the course of employment
This is a prerequisite of a workplace accident claim and in simple terms means that the accident should have occurred during your working hours. For example, if you are injured while performing your employment responsibilities then you are entitled to file a claim. However, if you are injured on the way home from work then you likely may not file a claim.
The employer does not have to be negligent
Employers are legally obliged to take steps necessary to protect their employees and if the accident just occurs in the course and scope of your employment you should be okay. If the employer intended to hurt you , then you may file a suit for more than meager workers’ benefits. Even if they have taken certain precautions, it does not matter because the workers compensation system is not based on fault of the employer. So ask yourself if your employer took any steps to ensure your safety and if so, we’re these efforts sufficient to effectively displaces the risk factor of your employment.
The Injury must be substantive enough to file a claim
A simple scratch is not enough for you to file a claim in the court of law. The injury must have been serious enough to require medical attention. This injury may be of both physical and psychological in nature, so emotional trauma is covered and you can claim damages in the event you suffer bodily harm.