On what grounds am I able to make a work injury claim?
A viable work injury claim is made on the grounds of negligence of an employer to prevent an avoidable work injury. Legally, an employer has a duty of care to safeguard the health and well-being of all employees while work is being carried out, such that a “lack of care” to prevent an injury renders an employer liable for a work injury claim. In summary, in order for any work injury claim to be successful, both the elements of negligence and injury must be in place .
After you have sustained a work injury, your first concern should be your health – not a work injury claim. Regardless of the severity of your injury, you should always go to hospital – or, at the very least, make an emergency appointment to see your doctor. Any claim for work injuries you make is contingent upon medical records, indicating that you did not worsen your condition by your own lack of care.
After you have sought immediate medical assistance, you should be sure to record your injury in your employer’s “Accident Report Book”. Thereafter, gathering witness statements regarding your accident, and taking photographs of the accident scene – as well as your injury – may further support your work injury claim.
To learn whether you have a viable work injury claim worth your time to pursue, you may wish to speak with a work injury lawyer about how you came to be injured at work. After the circumstances of your accident has been evaluated, and the extent of your injury is known, a personal injury lawyer will be able to inform you how much of a work injury claim you may be entitled to.