Pursuing personal injury compensation following an injury at the workplace is extremely stressful and nerve-racking for many employees. Fortunately, your legal protection likely extends far beyond what you may think. Here are some tips for pursuing legal action following a personal injury in the workplace, and the next steps to take.
Most Common Personal Injuries
Socially speaking, this is sort of an umbrella term you’ve heard before. However, from a legal standpoint, there are a ton of more advanced, deeper levels to personal injury. These sorts of injuries can be:
- Physical Stress- will often result from strain and overexertion. These cases commonly come up in construction, machine shops, etc. Soft tissue injury will be placed under minor cases, while more severe accidents will put you in major injury cases.
- Medical Malpractice– very difficult for most to pursue. Since most patients have some sort of personal relationship with their doctor, they are more reluctant to move forward on challenging medical malpractice. Do not hesitate on this front. Medical malpractice needs to be addressed if you believe it has occurred, and even if you don’t, there are legal boundaries that protect you to be aware of.
- Auto Accident- Auto accidents are also common, but require documentation and thorough research if legal action is to be pursued correctly. Police reports, injury reports, and who’s deemed to be at fault are all pieces of information that need to be collected. Additionally, you need strong representation for these cases.
Minor Vs Major Cases of Personal Injury
Minor cases of personal injury are most often related to soft tissue injuries or strain. Also, if you have sustained one of these injuries, many employees will write it off as just soreness/pain they can deal with. Avoid letting yourself do this. This behavior can let a minor injury that’s easily amendable become a major injury that will leave you with months of recovery time.
Major personal injury is usually a one-time accident or death-related incident. For example, this would be an employee accident in a vehicle rather than a soft tissue injury from loading the vehicle every day for months. However, one doesn’t negate the other. Your minor injury can just as easily become a major injury, which needs to be addressed legally as quickly as possible.
Common Cases of Minor Personal Injury
While they may be minor, they are not any less important, and still will warrant personal injury compensation. These cases have the same level of validity to them and are just as impactful to your health.
Hearing damage- in louder workspaces, this happens often. Commonly, this will arise in workspaces that work in events, construction, machine shops, etc. Most employees will leave this damage unaddressed, and it’s only after a medical examination with a doctor that the employee pursues it. In California for example, you have up to 2 years after the accident that caused hearing damage to claim it.
Strains and pains– if your lower back shudders at this phrase, you likely have sustained a minor personal injury. These can cover anything from tension that you may have built up from a stressful environment to
Emotional distress/stress-induced injury– common stigmas surrounding mental health push employees away from exploring this compensation. However, if you had an accident that was potentially stress-induced, you can be compensated for it. Although, it is tough to prove. You’ll need significant backing on your injury claim and evidence.
Additionally, some minor cases develop into major when the employee is afraid of the “risk” when filing. This could be in fear of losing their job or other penalties. This is not the case, and there’s extensive protection legally to ensure that never happens to you.
Can I Lose My Job After Filing For Personal Injury?
Many employees fear they’ll lose their job if they pursue legal action. Fortunately, you cannot lose your job, have your pay decreased, or be demoted because of a personal injury case. By law, you are protected throughout any legal proceedings related to your company.
Additionally, an assault charge on a fellow employee may result in the employee losing their job. This is an instance where you’ll need strong representation if it ever goes to court. However, most workplaces will have several witnesses to the incident, which allows for these cases to pass more quickly. If you do fear for your life following the incident, you can take extra precautions around the employee and your workplace to ensure your safety.
Call Today to Learn More!
Overall, it may be hard for you to start pursuing legal action on your own. Fortunately, we’re here to help. To get in contact, give us a call today. We are ready to take on your case and start preparing for how we’re best going to get fair personal injury compensation for your pains. Remember, you are not in this alone. We’re really looking forward to getting in touch with you!