Workplace Injury
- What is a Workplace Injury?
- What Duties are Owed by an Employer to his Employee to Keep the Workplace Safe?
- What Should You Do if You or a Loved One is Injured in the Workplace?
- Should I Contact a Lawyer if I am Injured in the Workplace?
What is a Workplace Injury?
An injury occurring on the job requires special considerations. There can be numerous causes for such an injury, from violations of basic workplace safety rules to defective equipment or negligent operation of equipment. Resulting injuries can include:
- Broken of fractured bones
- Disfigurement
- Dismemberment or amputation of fingers, toes or limbs
- Injuries to upper or lower back or to the spinal cord
- Brain injuries
- Paralysis
- Eye injuries, including blindness
- Burns
- Injuries to the head, neck or shoulders
- Permanent disability
- Paraplegia
- Quadriplegia
- Death
In the typical workplace injury situation, the injured party can file a claim against the employer. This usually takes the form of a workers’ compensation claim. In many instances, however, a second claim can be made against the company that manufactured defective machinery or equipment that contributed to the injury. The Brown & Szaller law firm can help with both of these claims. Back to top.
What Duties are Owed by an Employer to his Employee to Keep the Workplace Safe?
Ohio law imposes on all employers a duty to furnish a place of employment which is safe for the employees working there, to furnish safety devices and safeguards as appropriate to the work environment, and to adopt methods and processes and limit working hours to what is reasonable so as to make the place of employment safe for employees. The stated purpose of this law is to protect the life, health, safety and welfare of employees. Back to top.
What Should You Do if You or a Loved One is Injured in the Workplace?
Obtaining prompt medical attention is of paramount importance. If the injury you or a loved one has suffered is serious, it may be appropriate to call 911 and be taken to the hospital immediately. If an ambulance is not necessary, it still may be wise to go to the emergency room that same day or at least see your family doctor as soon as possible.
A critical aspect of any case where an injury has occurred is the investigation of the circumstances surrounding the injury and the preservation of evidence. The investigation typically involves an examination of the scene of the injury while the evidence, such as the location or condition of machinery or equipment involved, is still fresh. It is sometimes necessary to notify the employer of its obligation to preserve evidence or even obtain a court order to ensure that relevant evidence is preserved.
Sometimes, governmental investigators are involved as well. Where that is the case, it is important to contact and establish a relationship with those investigators as soon as practical.
Finally, identifying witnesses, securing their cooperation, and obtaining their statements as to what they saw or heard, as well as background information about the employer and the workplace, should also be done as soon as possible.
Because of the importance of a quick assessment of the surrounding facts, an investigation of the circumstances of the injury, and preservation of relevant evidence, you should consider retaining a qualified attorney experienced in working with personal injuries of all sorts and knowledgeable about investigations of injury situations. Through its experience in working with experts in numerous medical specialties as well as accident reconstruction, defective machinery, and a host of other areas, Brown & Szaller can bring tremendous expertise to bear and obtain for you the recompense that you deserve. Back to top.
Should I Contact a Lawyer if I am Injured in the Workplace?
It is important to seek legal assistance from a lawyer with experience in the type of injury your loved one has sustained as soon as possible after the accident. Your lawyer will need time to obtain witness statements and gather a variety of information that is necessary to prosecute your case. The earlier you contact a lawyer, the greater your chance of obtaining a strong recovery either through settlement or if you have to file a lawsuit for compensation. With adequate time, an experienced lawyer can strengthen the case, emphasizing favorable facts while fortifying weaknesses in the case.
An experienced lawyer will know the general contours of information required to strengthen your claim for compensation. Thus, you increase the likelihood that you will prevail in your case and you increase the amount of compensation you are likely to recover by retaining a lawyer with experience in auto accident cases. An experienced lawyer, such as those at the Brown & Szaller law firm, will meet with you, listen to what you have to say, explain your legal options, gather the critical facts, obtain and review medical reports and witness statements, and help you decide upon the best course of action. Brown and Szaller lawyers will guide you through a complicated process involving insurance issues, pay back (subrogation), the amount of coverage and whether your own coverage applies. Do not trust the at fault parties insurance carrier. Brown and Szaller has handled numerous car accident cases to successful conclusion.
The lawyers at Brown & Szaller will meet with you for a free initial consultation. Even if you are unsure whether you have a claim for compensation we will discuss the facts of the case and your options and together determine the viability of your case with no up-front charge. Back to top.
