It’s sad that even at the workplace, injuries are bound to occur no matter the precautions put in place. In the past, employees have developed structures, broken bones, or even sprained their limbs due to accidental falls and other causes. And in some cases, one or two employees have encountered severe injuries that led to their death.
These are accidents you can’t avoid because they are unforeseen. So if you are unfortunate enough to be involved in one of these, you may as well qualify for what is known as work accident claim, to compensate for your injury.
Are You Eligible to Make an Accident at Work Claim?
Most employers will do everything they can, to make sure that their place of work is accident-free. Those who employ others are held legally responsible for their employees or those who visit their premises at any given time. It’s compulsory for them to observe health and safety regulations, as well as be health insurance holders for their employees.
However, as it is, others may ignorantly fail to adhere to the above requirements. So in the event that you were injured due to breach of any one of the above requirements, then you may be qualified to file a work accident case.
However, in some cases, you may feel like the injury happened due to your fault. But as long as you feel that the injury was instigated by your employer, then you may also qualify to file a work accident case for your compensation. If you aren’t sure, you can get in touch with a personal injury attorney who could give you advice on your claim.
Typical Accidents that May Warrant Work Accident Claim
There are various incidences that may prompt you to file this claim. They include the following scenarios:
(a) When hit by a falling object
(b) When affected by toxic substance at work
(c) When injured by poorly-maintained equipment
(d) Practices or procedures that threaten your life or health
(e) Not adhering to the health and safety regulations
(f) Negligence of employer or co-worker
(g) Poor training
(h) Accident while operating machinery at work
(i) Workplace assault
(j) Other industry injuries
Common Types of Workplace Injuries that Employees Encounter Are as Follows:
(a) Spinal injuries
(b) Head injuries
(c) Burn & scald injuries
(d) Brain injuries
(f) Fatal injuries
(g) Loss of eyesight
How to Win A Work Accident Claim
Every work accident compensation claim can be successful if you can directly link your injury to your employer’s negligence. For instance, in Australia, written evidence of your injury is essential for a Leg Injury Claim or similar cases. If you find it difficult to prove your case, it is better to get legal help. Their work is to gather all evidence and assemble them accordingly before a court of law.
Time Limit Under Which You Must File Claims
The law allows a limit of up to 3 years to file a work accident claim. So if this period elapses without legal action on your side, you may not be able to qualify for a compensation whatsoever.
The 3 year period begins from the date you encountered the injury, or when you noticed that the injury was associated to your workplace. The law also highlights cases where asbestos is concerned in the second clause. Unfortunately, it might take years before you notice that you were infected with mesothelioma due to excessive exposure to this material.
But there are also fatal cases that always lead to death – and are related to mesothelioma. In such cases, the 3 year period commences from the day of death or postmortem. The reason being, the condition might have gone undiagnosed until the person died and it was only noticed during postmortem.
There is also provision for those who die while in the process of carrying on with the case. In the event that someone dies before they could be compensated, the 3 year period commences from the date they passed on, to allow their families continue with the case. In other words, every case that is related to personal injury claim will proceed in their own way, depending on the circumstances and reaction from both sides. Some cases may even take years.
An experienced and skilled solicitor will always give you the relevant work accident claim advice to get you started. Once you find them, you need to keep in mind that their experience will influence the success or failure of the case. Lastly, they will also influence the amount you receive in terms of compensation.