Workplace Accidents: Critical Legal Issues to Consider for Personal Injury Claims

Posted on: 16 February 2018

Workplace injuries are not uncommon, especially in industries such as construction, manufacturing and production. In general, if you sustain personal damage during your professional work, you will experience significant financial losses. You might not be able to work before recovering. So, you will lose your wages. Also, you will need to cover the cost of treatment and rehabilitation of the injury resulting from the unfortunate workplace incident.

If you would like to avoid these losses, you should file a compensation claim with your employer. In some cases, the filed claim will be handled with ease and without delays. However, in other situations, the compensation process can become complex and time-consuming, causing delays in your compensation and other complications. Here are some essential issues that you should address for the smooth handling of your compensation case.

Accident Report

You should notify your employer of workplace accidents for the easy handling of your compensation claim. The workers' compensation laws require employees to provide immediate reports of injuries. Failure to take the correct measures could compromise your case in the future. You can report the situation to your supervisor verbally. However, for your legal safety, you should have written evidence. You can fill the injury register at work or fill in an injury notification form.

Claim Application

You can make your application for compensation after seeking medical assistance. Your employer is typically responsible for helping you lodge the application. In general, you will need to obtain a claims form from your employer as well as the details of the insurer. You should follow the provided guidelines on making a valid application. Ensure that the required information on the forms is filled in and the documents that must be attached such as medical certificates are available.

Time Limits

You should be aware that you cannot make an application for a claim at any time after your injury. There is legislation in place to prevent fraudulent claims. These laws outline the period within which you can make an application for the compensation. You should find out the exact limitations in your local area to avoid complications. Ideally, you should lodge the applications as soon as you are able. If you have already exceeded the time limit, you will need to have a reasonable excuse. Otherwise, your application could be rejected.

Work-related personal injury claims can get complicated, especially if there are unclear circumstances surrounding the accidents. Therefore, if you are involved in a complex case, you should hire a specialist lawyer for legal advice.