Filing a personal injury lawsuit is common after you have been injured in an accident, including injuries related to workplace accidents. However, personal injury lawsuits can be challenging to win because you will need to establish elements of liability, negligence, and much more. A work injury attorney can help you win your case against your employer.
Six Ways a Work Injury Attorney Can Help You Win Your Case
1. Your Attorney Will Tell You About Your Rights
As an employee, you have certain rights related to workplace accidents. For example, your employer cannot legally fire you if you are injured on the job. Your employer also cannot prevent you from seeking medical care if you’ve been injured in the workplace. Talking to a work injury attorney about your case can help you understand the rights you have, particularly if you believe your workplace injury was caused by negligence from your employer.
For example, if your employer does not follow OSHA-mandated safety rules regarding protective equipment, machine safety, and other regulations, you will likely have a good case against your employer. Visit this page to learn more about how your attorney can assess your case.
2. Your Attorney Will Help You Gather Evidence
For a workplace injury, it’s crucial to gather evidence that will prove your case. Although being injured on the job seems like a straightforward case, many employers may refuse to provide worker’s compensation benefits by claiming you were injured outside of work. Some of the most important pieces of evidence to prove your case include:
Physical evidence can be very illuminating to prove the cause of your workplace accident. For example, machinery that is neglected or broken can be physical evidence that your employer is negligent about certain safety regulations. Physical evidence can also include evidence of slick floor conditions that may have contributed to a slip-and-fall accident.
Photographic evidence of the place where you were injured can also be important for your case. Although photographic evidence isn’t always common in a workplace injury lawsuit, documented photographs of your physical injuries, broken machinery, and unsafe working conditions can all help prove your case.
For a workplace injury case, documented evidence is usually the most persuasive. This evidence can include medical records, medical bills, and paperwork you submitted to your superior about your workplace injury. Records about worker’s compensation insurance can also count as document evidence, even if these records are only a rejection letter from your employer or your employer’s insurance provider.
Finally, testimony from witnesses of your workplace accident can also serve as compelling evidence. For example, if another employee witnessed the accident or can provide supporting information about unsafe working conditions, this can strengthen your case.
3. Your Attorney Will Take Care of the Investigation and Discovery
Because filing a lawsuit against your employer for a workplace injury can be complicated, it’s important to follow the correct procedure for the investigation and discovery of evidence. Your lawyer will be able to hire a formal investigator to learn about any historical evidence related to unsafe working conditions, employees who were previously injured while working at the same company or in the same job position, and much more.
4. Your Attorney Will Negotiate With Insurance Providers
Your attorney will also directly represent you when it’s time to negotiate with insurance providers. In many cases, having a lawyer represent you while you are talking to representatives for worker’s compensation insurance can be incredibly effective for protecting your rights. This may be important if your employer is denying worker’s compensation for any reason. Your lawyer can also file an appeal against any insurance denials.
5. Your Attorney Will Negotiate For a Better Settlement
If you end up filing a lawsuit against your employer, the chances are your employer will want to settle your case outside of court. In this scenario, your workplace injury attorney will be able to negotiate a settlement on your behalf. It’s important to negotiate for a fair settlement, particularly if your workplace injury has left you with a temporary or permanent disability that will affect your ability to earn income in the future.
6. Your Attorney Will Represent You In Court
Finally, your attorney may need to represent you in court if negotiations for a settlement fall through or if your employer refuses the mediation process. In a court trial, your lawyer will have to build a case with evidence to prove why your employer is liable for your injury due to negligence or other workplace safety violations.
Workplace injuries can have a devastating impact on your future earning ability, but as an employee, you are entitled to certain rights and protections. When you work with an experienced lawyer, you can file a lawsuit and prove your case with strong evidence.