When an individual is injured while being at work, the said person involved needs to pursue a set of demanded actions in order to remediate the situation in a legally viable manner.
The employer will also need to be involved in the process, having their own range of responsibilities in order for the case to be pursued without potential inconveniences, and for a future claim to be responded with positive outcomes. While the aspects that need to be thought through could vary from one situation to another, depending on a wide array of factors, the following details are usually the ones taken into account, despite the exact specifics of the said incident;
Employee duties
Because the employee is the one subjected to the injury, and thus the one to face most complications in this scenario (starting from dealing with medical expenses to potentially facing a short or long term inability to work), they are the ones that should make sure the right procedures are being taken. Being compensated, and having all expenses that have arisen due to the incident covered is the right of any individual working legally within an enterprise, regardless of position. However, often, claims are not entirely taken into account, or the compensation offered is not comprehensive enough just because the employee has failed to handle every detail by the book. Those confronted with a workplace injury will need to foremost go through each one of these steps:
- Incident report – reporting the situation should be done immediately. Whether it’s reaching out to the employer or to someone with a higher position, the employee needs to file the incident report as soon as possible, in order for no suspicious to appear regarding the place of the accident.A form will need to be filed, usually by a supervisor. Injured works are however recommended to check the accuracy of the form, and to ask for a copy as well. A file that doesn’t contain all required information will reduce the number of benefits the employee has right to.
- Following requests – cooperating – dealing with the insurance company can bring various challenges to the table. There are many procedures the injured will be demanded to pursue. However, cooperation is key in this case. Injured workers will need to follow requests, and avoid raising suspicions that may put their claim at risk – lack of cooperation has led to lowered compensations or even denied claims in various cases.
- Pursuing legal support – the compensation the employee is entitled to could easily be cut down by improper cooperation with the insurance company. Without thorough legal knowledge or expertise, certain mistakes can be made that will lead to improper claim results. Workers are usually recommended to collaborate with personal injury solicitors, who have the resources, background, knowledge and abilities to help the said person carry out the case in a successful manner. A solicitor with experience in the field is able to deal with the insurance company in a professional manner, being aware of all the right of those involved, and having the skills necessary to achieve the highest compensation possible.
Employer duties
While most of the responsibilities and hard work falls upon the employee, as they are the ones who will demand the actual compensation, the employer is responsible to handle certain things as well, in order for the overall claim process to go smoothly, and for them or the company not to be subjected to a potential lawsuit. Among the most important procedures, the employer will need to do the following:
- Contacting and collaborating with the company’s insurance carrier – the company’s insurance firm needs to be contacted and informed on the situation quickly after the incident has occurred. The insurers will need various documents for the upcoming investigation. The employee’ solicitor might also demand certain files from their work history. Offering timely assistance is one of the most important responsibilities for the employer, as well as responding to any request that might appear during the overall process.
- Current and future work schedule arrangements – When the injured worker is not able to continue filling in their position, the employer is obligated to provide them with sufficient time-off for a full recovery. Firing or causing problems in this department due to the employee’s inability to work could bring criminal charge. Thus those with a higher position need to deal with the sensitive situation in a proper way, taking into account all the demanded legal responsibilities. After resuming their role within the company, the employer will also need to provide reasonable work circumstancesand facilitate the injured individual’s return.
- Collaborating with the compensation board – it’s already a known fact that many people try committing fraud in order to access compensation funds.A false claim or a faked injuryscenario could bring legal problems not only to the employee who has falsely made a claim but to the company as well for negligence, lack of interest, and improper documentation on the matter. This is why employers need to work with the compensation board and analyse each detail of the case with precise attention to conclude if a potential fraud is being committed. Handling the forms and providing them further at an optimal time is something that needs to be done with all workplace injuries. All parties involved in the process need to benefit from sufficient information and assistance from the corporation’s authorized leaders.
While the procedure involved in a personal injury claim that has happened on office ground can vary depending on region and on the specifics of the situations, there are some obligations and tips that remain viable regardless of scenario. Both the employee that has been subjected to the incident, and their employer need to carefully handle certain legally demanded procedures, in order for the claim to be taking into consideration and for the appropriate compensation to be reached. It’s important for the parties involved to collaborate with professionals, in order for the outcomes to be positive ones.
