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What Needs to be Proven to Win a Workplace Accident Case
Unfortunately, workplace accidents are all too common. There's always the risk of getting injured on the job, whether it’s because of hazardous working conditions, negligent bosses or a combination of the two. If the worst-case scenario happens and your workplace’s insurance is denying or undervaluing your claim, the Law Office of Rickard, Drew & Nix will work hard to ensure you get the compensation you need.
What’s the Difference Between Workers’ Comp Claims and Personal Injury Cases?
Let’s first clarify whether your case fits into a workers’ comp or a traditional personal injury claim. Aside from the difference in location, the most notable deviation is that a personal injury case requires you to prove the other party’s fault for your injuries. If you get into a car accident, you must prove that the other driver did something wrong to cause the accident and your resulting injuries.
In contrast, workers’ comp claims don’t require you to prove negligence or establish fault since any employee is entitled to workers’ comp benefits. Workplace injuries, like repetitive stress injuries from doing the same job for years or even decades, aren’t anyone’s fault – they can happen even when no one acts negligently or recklessly. You only have to prove that you were injured while performing your job duties to receive your benefits.
Workers’ comp cases tend to be processed faster because of this distinction and the lack of disputes regarding culpability; however, unlike traditional personal injury cases, the scope of damages is narrower. A typical workers’ comp case only covers medical bills, lost wages and occupational costs like job retraining or physical therapy, not pain and suffering damages. In the event of a death, the family might be entitled to certain death benefits for funeral costs but not things like loss of consortium.
What Is a Third-Party Claim?
In some instances, injured workers might have the opportunity to seek compensation from another party that contributed to their injury.
A third-party claim is when you can file a traditional personal injury claim against a third party responsible for an accident you suffered on the job while simultaneously filing a workers’ comp claim. An example might be a delivery driver who is struck by a red-light runner while on the job. They may be able to file a workers’ comp claim with their employer and a third-party claim against the negligent driver who hit them.
You can’t get double compensation, but you may be eligible to receive pain and suffering damages through your third-party claim.
Evidence You Need to Prove Your Workplace Accident Case
To prove your workplace accident case, you need to prove that you were injured while performing your job duties and that you weren’t violating any company rules or policies – like being intoxicated on the job or horsing around.
Just because you don’t have to prove negligence on the part of your employer doesn’t mean no proof or evidence may be required in your case. Your workers’ comp claim could be challenged on a number of fronts, from the source of your injury to what you were doing when the injury occurred to the severity of your injury.
That’s why it’s extremely important for workers injured on the job to immediately inform their superior, fill out any necessary forms (and request a copy) and seek medical treatment through the proper employer-approved physicians. The panel physician you visit (options should be listed in your workplace or contact HR for approved doctors) will perform the official exam that will be the basis for your workers’ comp injury valuation. Their prognosis can be challenged if you feel they were wrong, but employers seeking to contest workers’ comp decisions may benefit from legal representation.
Having eyewitness accounts of people who saw what happened or security camera footage can be extremely valuable in workers’ comp disputes, as can picture evidence of your injuries and where the injury occurred. Being detailed with your account of what happened is important, so it may be in your best interest to write down exactly what happened as soon as possible after your injury.
What Can Get Your Claim Denied?
Reasons your workplace accident claim may get denied include:
- If it happened away from the workplace (i.e., getting into an accident on your way to work or when you’re driving home from a shift).
- If there was employee misconduct, such as being drunk on the job.
- Lack of evidence to support the claim of injury or the employer’s breach of duty.
- No eyewitnesses.
- If you are a freelance contractor, you may not qualify for employee benefits, which include comp.
- Injury isn’t reported immediately, or your claim is filed too late.
Get The Representation You Deserve After a Workplace Injury in Atlanta
If you have suffered a workplace injury, time is of the essence. The experienced team at the Law Office of Rickard, Drew & Nix will work closely with you and fiercely advocate on your behalf so you can receive the compensation you deserve as soon as possible. Schedule a free case consultation by calling (404) 588-1001.
