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What to Do When Trying to Prove Fault in Workplace Accident Cases

Jun 11, 2019
Accidents can happen at any time and anywhere, but when it happens because of the poor management of the workplace, you have a good chance of filing for full compensation. The negatives of sustaining a severe injury go beyond the pain or the distress caused by the incident, as it can also prevent you from going out to work and earn a living. Additionally, it may even cause you to develop a mental blockage that prevents you from enjoying your life as you should. Therefore, it’s imperative that you understand your rights as an employee when this happens, which is what we will discuss in this article.

Evidence, Evidence, Evidence

The first thing you need to do when you have recently sustained an injury in the workplace is to gather all the evidence you can. For example, you need to take a photo of the place where the incident happens before it’s tampered with, as that will give you a good case to argue that the workplace environment is unsafe. You can also record a conversation you have with your manager and use that against them in court if it goes that far. Regardless of the nature of the case, it’s imperative that you understand your rights and find a representative to help you retain your best interests.

We’ll go into details of the type of evidence you should look to gather down below:

Get yourself a detailed medical report

You need to have proof of the severity of the injury you have sustained in the workplace to use as a ground for argument in the court case. Without medical information and bills, it’s impossible to show how much the insurance company or the employer owes you. Therefore, you need to make sure that you get checked by a state-registered medical professional and have them write an estimate for you. It would help if you went through all the available tests to make sure that no minute details get left behind.

Take photos of the location

As mentioned, it’s always a good idea to take the pictures of the scene where the accident happens in its most authentic form. This will give the judge and jury a better understanding of the nature of the workplace and how well the managers and executives are protecting their employees

Find some witnesses

You should also get some witness statements from your coworkers or someone who was at the scene at the time of the accident. This will give your claim more legitimacy, which will make it less likely that the insurance company will claim that your statements are faulty.

Look for past records of employee accidents

If there have been numerous accidents in the same office or workplace, but the employer refuses to take action to protect the employees, you can claim for the negligence of responsibility. This will make it more likely that the court will lean more towards your end, as it will prove that the workplace hazard is not being managed properly.

Work with an experienced lawyer

Lastly, it’s always in your best interest to work with a professional injury lawyer to help you with the case. While it’s possible to go about the case on your own, it’s a decision that’s always advised against by any legal professional. If you’re looking for a professional personal injury lawyer, Schuller Law Office is your best option. Get in touch with us today to see how we can help.
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