According to the National Safety Council, a worker is getting injured on the job every seven seconds. The most common injuries that prompt victims to take off days from work include overexertion, slips, trips, and falls, and contact with objects and equipment. But when is an employer liable for an injury sustained at work — and conversely, in which situation can a victim get help from a personal injury lawyer Fairfax?
What You Need to Know About Workers’ Compensation Claims
In the US, the law establishes the so-called employer immunity. While this gives them immunity against many personal injuries claims from their employees, this also mandates them to give out benefits for workers’ compensation claims — no matter who is at fault, given that certain requirements are met. These requirements include:
The employer has a workers’ compensation insurance
The claimant is an employee
The claimant’s injury or illness is work-related
The claimant has filed the necessary documents within the deadline set by state laws
However, there are exceptions to the rule. Get in touch with a personal injury lawyer Fairfax if you experience any of the following situations:
The employer has caused the injury intentionally or was negligent. If you’re an employee and you think that your employer has intentionally caused it — or he or she exhibited “gross negligence,” leading to your getting injured or ill — then, you can proceed with a personal injury claim.
The employer didn’t provide the benefits of the workers’ compensation claim to the involved employee in bad faith. If this happens, you can have the legal grounds to sue your employer. Nonetheless, take note that taking this route is rather taxing. You may need to look for other options before taking your case to court.
The employee is an independent contractor. If you’re an independent contractor, you’re not technically qualified as an employee. So if you’re injured while delivering services to your employer or within his or her workplace, your employer is not protected by the immunity given by the law.
Filing Civil Claims
If in case your employer doesn’t carry a workers’ compensation insurance, you still have another option — filing a so-called civil claim.
When you discuss your situation with your personal injury lawyer Fairfax, make sure to relay all the necessary details so he or she can help you assess your situation. First and foremost, you have to prove that your employer is indeed liable for your injury or illness. Additionally, the injury you’ve obtained should also be proven to be the cause of your tangible losses — from lost wages to hospital bills. Because these losses will be used to compute and request for the amount of your compensation or payout.
Getting Legal Assistance From A Top-Rated Attorney
Whether you’re filing a workers’ compensation or a civil claim, what you’d need is a dependable personal injury attorney by your side. He or she will help you assess the strength of your case, prepare and submit the necessary paperwork, and protect the rights you’re entitled to as a worker or as an independent contractor.
At Bolger Law Firm, you can find the best personal injury lawyer Fairfax who can protect your rights and help get the compensation you deserve. Contact us today and tell us how we can be of service.