After the home, the workplace is one of the most common places for serious injury and harm to arise. In industrial, construction and manufacturing industries, for example, there are numerous dangers posed to the average worker throughout the day. Both short-term and long-term harm can arise from unsuitable working practices, or simply from being exposed to hazardous situations while at work. Even those in more sedate professions can suffer unexpected, avoidable injuries in the workplace. It is the responsibility of the employer to ensure that all staff are given a safe, harm-free environment in which to work, and any failings in this regard could lead to liability for your injuries.
If you are injured at work, regardless of the severity, you may be entitled to seek redress for those injuries. If it can be shown that the responsibility for your injury lay with the employer, you may be entitled to damages in respect of your injuries. If you have sustained an injury at work, it is important that you follow a set process in order to ascertain whether redress may be available.
There are common law legal protections in place for those suffering from injuries at work. In order to build a case under common law, it is important to look at the incident, the causation, and whether there was any responsibility on the part of the employer. If you can establish the right criteria, it may be possible to claim compensation in respect of your injuries. An experienced law firm, like Brown & Theis, LLP, is an essential component to a successful action, and their expertise will be essential in piecing together a viable claim for damages.
In many cases, it may be possible to settle this type of claim without proceeding through the courts. While a court-based solution is the ultimate destination for this type of action, employers will often be willing to settle out of court, in order to avoid the hassle and expense of legal proceedings. This can also be a good way to secure the compensation you are rightfully due, without the stress, upheaval and expense an appearance in court may cause you.
Of course, you need to balance up any offer you receive with the likely outcome of a court case. There is no point in settling for a small amount now, if you are certain you will recoup a larger amount in court. Your attorney will be able to advise on whether you should accept an offer to settle, or whether you should proceed to court. This is ultimately your decision, however, and it is worth calculating the amount you are willing to accept to ensure you get just compensation for your injury.
Injuries at work can be devastating. Even seemingly minor injuries and illnesses occasioned through your employment can change your life. Compensation can be an important part of the healing process, and a vital element in recognizing the unacceptable upset and suffering this can cause. By following through the process to potentially have your day in court, injured employees can achieve the compensation they deserve, while helping shape safer working practices for future generations of employees.