Whether you have been fired after getting hurt at work or feel that your employer isn't making adequate concessions for your physical limitations, there is a way to speak up for yourself. Some employee-employer based disputes can be resolved by going to human resources. In other instances, you simply need to talk to a workers compensation attorney. Here are the four strong factors that need to be investigated before you should file and actively pursue a workers compensation claim.
1. You Are Not At Fault
Workplace related injuries are usually related to accidents, but that doesn't mean that your employer is faultless. What is more important is having the ability to prove that you, the worker, acted in a manner that did not violate company policies at the time of your accident. For instance, if you were injured while operating a forklift while intoxicated, a workers compensation attorney will likely determine that your case would have little merit in the eyes of a judge. If you are able to show that insubordination, negligence, or irresponsible behavior on your part wasn't the cause of your accident at work and you can file a claim.
2. Proving Employer Negligence Is Possible
Unfortunately, many workers compensation claim cases become a tale of 'he-said, she-said.' While your friends, your workers compensation attorney, and your family believe your story, you also have to have to some evidence to prove that your employer was negligent. It is best if you can come up with written documentation, like internal memos or even emails that document unsafe events or even conflicting statements from supervisors and managers if you are hoping to prove negligence.
3. There Are Other Workers Who Have Had Similar Experiences
Although some accidents that happen at work are the result of freak accidents, there is usually some degree of negligence involved. You might have spoke to your co-workers about safety concerns that you had or even know other staff who got hurt at work as well. Your workers compensation attorney can greatly strengthen your case and help you to make bold claims when you know of other co-workers who will back you up in court.
4. State and Federal Laws Have Been Violated
Any employer who asks you to work off of the clock is violating both federal and state laws, and if you were injured when your time at work wasn't accounted for you have a great basis to state a workers compensation claim. If your lawyer can show other ways in which your employer has broken the law you will have an easier time proving all other parts of your claim.
Contact an attorney, like Santos Joel A, for more help.Share