Workplace Injury

What is it?
A workplace injury is any accident, injury, or mishap that occurs while at work. There are two courses of action that you can take if you are injured during the course of employment.

Workers compensation
One method of recourse that you can take when you are injured is to file for workers compensation with the appropriate state agency or board within a certain time period, which varies by state. In order to claim benefits, the following are conditions that generally must exist:
  • The injury was accidental
  • It occurred on the job or in the course of employment
By accepting a workers compensation claim, the employee is no longer able to sue the employer for negligence for the injuries. However, if it is discovered later that the employer intentionally injured the employee, he or she may still sue the employer.

Personal injury lawsuit
The other course of action that the employee may take is to file a personal lawsuit against the employer. If you have been injured in a job related accident, it is advisable that you get advice from a lawyer who has experience in personal injury cases as soon as possible after the incident. Some steps that you can take to assist the lawyer with the case are:
  • Take pictures and/or video of all the injuries you sustained and the hazard that you slipped or tripped on
  • Record any witness information
  • Keep accurate records of lost time and wages
  • Keep accurate records of any expense you incur as a result of the injury (medical, chiropractic, etc.)
In all work related injuries, it is recommended that you seek professional legal assistance to protect your interests. A lawyer who has experience in this area of law can give legal advice that will assist you with the matter and will ensure that the judicial process is properly followed.