Personal Injuries At Work: What to Know

Published on January 2nd, 2024

The liability for personal injuries that occur while a person is working depends on the legal framework in place and the specific circumstances surrounding the injury. Laws & regulations may vary significantly by jurisdiction, making most work-related personal injury situations somewhat unique. 

Things like workplace safety regulations and compliance can impact liability in work-related injury cases in ways most people might not think about. You should always consult with a legal professional to understand the specific laws and regulations applicable to your particular situation.

With that out of the way, let’s take a look at a few situations everyone should be aware of when it comes to personal injuries at work.

What to Do if You Are Injured at Work

Injuries at work can be literally life-changing. Taking prompt and appropriate action is crucial to ensure your well-being and protect your legal rights. There are several important steps you should take if you are injured at work.

Seek Medical Attention

Your health and safety should be the top priority. Seek immediate medical attention for your injuries. If it’s an emergency, call 911 or go to the nearest emergency room. If the injuries are not severe, report them to your employer and request medical assistance.

Report the Injury to Your Employer

Notify your employer or supervisor about the injury as soon as possible. Follow your workplace’s established procedures for reporting injuries. Failure to report the injury promptly may affect your ability to file a workers’ compensation claim.

Document the Incident

Take note of the details surrounding the incident. Include information such as the date, time, location, and how the injury occurred. If there were any witnesses, collect their names and contact information. This documentation can be valuable if you need to file a workers’ compensation claim or pursue legal action.

Get Witness Statements

If there were any witnesses to the incident, ask them to provide statements describing what they saw. Witness statements can be valuable in supporting your version of events if there is a dispute later on.

Preserve Any Potential Evidence

Preserve any physical evidence related to the incident, such as equipment, tools, or any objects involved. This evidence may be important if there is an investigation or legal proceedings.

Save Media

If possible, take photographs or videos of the accident scene, your injuries, and any contributing factors. Photographs can serve as visual evidence and help establish the conditions at the time of the incident.

Report the Injury to Workers’ Compensation

If your employer has workers’ compensation insurance (which is required in many jurisdictions), report the injury to the workers’ compensation carrier. Provide them with the necessary information and follow their procedures for filing a claim.

Consult with an Attorney

If your injury is severe or if you encounter difficulties in the workers’ compensation process, consider consulting with an attorney experienced in workers’ compensation law. They can help you understand your rights, guide you through the process, and advocate on your behalf.

Common Legal Workplace Personal Injury Complications

Workers’ Compensation

Employers are required to provide workers’ compensation insurance in many, but not all, jurisdictions. WC insurance is designed to cover medical expenses and lost wages for employees injured on the job, regardless of fault.

In most cases, a  workers’ compensation system does not allow injured employees to sue their employer for personal injury. Instead, the employee must file a claim with the workers’ compensation system.

Third-Party Liability

In some workplace personal injury cases, a third party may be liable for a work-related injury. In situations where a product defect or the negligence of a third party contributed to an injury, the injured employee might be able to pursue a personal injury lawsuit against that third party.

Employer Negligence

An injured employee may have the option to sue an employer for negligence, especially if the injury resulted from the employer’s intentional or reckless conduct.

Exceptions & Exemptions

Some workers may be exempt from workers’ compensation laws, such as independent contractors or certain agricultural workers. In such cases, liability may be determined through traditional personal injury lawsuits.

Contact an Illinois Accident Attorney Today

If you or a loved one has been injured in a work-related accident, our experienced attorneys can help you receive compensation for the damages you have suffered. There is no fee unless we obtain compensation for you.Get a free case review by calling 866-699-3339 ‌or‌ ‌complete‌ ‌the‌‌ ‌case‌ ‌request‌ ‌form‌.‌

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