Monday 26 September 2011

Making A Work Injury Claim Tips


More accidents happen at the workplace than anywhere else. In fact, it is estimated that almost 50% of the accidents happen at work. In some cases, employees find it difficult to put up a work injury claim against the employer. This is because most of them are scared of the repercussions that may follow if they choose to claim against the company. Generally, the fears of repercussions are groundless because every employer is required by law to take out Employer's Liability Insurance, the purpose of which is to cover the employers should an employee sustains injuries at work and chooses to take action against the employer.

Every employee must understand that they have a legal right to make a work injury claim if they have been injured in an accident at work. There are laws designed to protect their rights. Therefore, employees must not hesitate when it comes to pursuing a work injury claim. Making work injury claims is not simple as the claimant often has to undergo a lengthy claims process. Given below are some tips for making work injury claims.

Who is at fault?

If you want to make a claim, then you must prove your employer was at fault. In most cases, work accidents arise as a result of the employer's negligence. Negligence could mean that the employer failed to ensure equipment was in good working order, provided an unsafe work environment, did not provide adequate personal protective equipment to the employees or did not train the workers adequately.

If the employer was at fault, then consider putting up the claim within three years. In addition, do not forget to get the details of the accident written in the company's accident book.

Representation

Sometimes, the relationship between the employer and the employee becomes complex. For this reason, it is essential to seek the services of a specialist work injury lawyer. Using legal representation will make the claims process simple and less stressful for the injured worker.

Preparation

Information, evidences, details and documents are the vital elements of a work injury claim. Therefore, it is essential for the injured party to obtain as much of these as possible to help with the claim. Apart from obtaining evidences and details from the accident scene, the injured party must also keep a detailed note of what happened.