You can’t account for other people’s wrong choices, like forgetting to put warning signs in slippery areas, for example. Ultimately, this could result in someone having an accident. If you ever find yourself subjected to an injury brought on by having an accident at work, you need to take certain steps to make sure you get compensated for the damage. This is why we’ve made a list of what you need to do if you have an accident at work.
Step 1: Get Medical Help
The first thing you need to do is focus your attention on your injury. Go to the first-aider on-site or demand your co-workers to call for them if you can’t move. Every workplace has the legal obligation to have a first-aider and first aid kit. It’s essential to get even the seemingly very minor injuries checked. Sometimes, serious symptoms begin to show days after the accident.
Step 2: Report the Accident
Some companies may dispute the occurrence of your accident. There might not be visible injuries to support your claim. According to the legal team at www.kazlaw.ca, injuries can be both physical or psychological. In both cases, you should look for a competent lawyer in your area.
Because it can be your word against theirs, you need to tell your colleagues about the accident and then report it to your manager. Your manager is obligated to report to the health and safety executive. You could get in trouble for breaching the staff manual, too, if you don’t report the accident.
Step 3: Record the Accident in the Accidents Book
There should be an accident book in most workplaces. You must record the events of the accident in it. Don’t be discouraged just because of the accidents’ records and performance targets at work. And if your employer refuses to let you record it, you can send them an email from your personal email account, which they can’t delete. If all fails, you can resign on the grounds of constructive dismissal. Consult a lawyer or employment law solicitor before leaving, though.
Step 4: Take Video Evidence and Photos
This one is a no-brainer. You never know how your employer may react to your claim. It’s better to take videos and photos, as many as you can of the accident location. It will be good as evidence in case the employer decides to tamper with the evidence and accident location.
Step 5: Write a List of Symptoms
On the same day of the accident, you should write down every single symptom you have. You can describe them in a video as well if you prefer. That’s because you might forget about one of the symptoms. And the doctors or nurses may neglect some of the signs and focus on others. In that case, you might forget that these longtime symptoms happened because of that particular accident.
Step 6: Keep Record of Expenses and Losses
Your losses can include physical, emotional, psychological, and financial pain. If you’ve paid for medical bills, you should get your money back. That’s why you need to get medical records or have your personal injury lawyer collect them. If you had to miss work, you should be compensated for lost wages. Future gains like promotions and bonuses should be accounted for and compensated for as well.
Step 7:Submit a Subject Access Request
This should happen before you file a claim. That’s because if you file it afterward, your lawyer might have the right to refuse to comply with the request. A subject access request is a request for all information the employer has about you. That includes emails where you’re mentioned, personal and occupational health files. This might help in case you file the claim.
Step 8: Speak to a Personal Injury Lawyer
You need to be sure that a lawyer and not a paralegal will represent you. You will only pay them if you win the case, anyway, in most cases. The first consultation is usually free, where you can meet up with the lawyer and discuss the case. Make sure it’s an experienced lawyer with a good reputation. They need to have experience in court, too, because you will get more significant compensation if they do. That’s because if they’re afraid to go to court, the insurance company will give you less money for compensation.
The day the accident happens is the most important if you plan to get compensated. You will need to make sure evidence is in place and recorded on camera, to have something to present to the insurance company. If your injury is severe, you should file a claim and get your rightful compensation.