A workplace injury is any condition including illnesses or physical harm that we may suffer in the course of employment. To prevent employees from claiming compensation for injuries not related to work, most states insist that work-related injuries must arise out of and in the process of working for an employer. When we work in unsafe environments, we expose ourselves to various risks. Examples include chemical contamination, defective machinery, heavy manual lifting, or repetitive movements. In an office, we can experience two major types of compensable workplace injuries, namely the following.
A. Accidents
Accidents in the workplace are one-time incidences that may put us in trauma. These are injuries that emanate from pushing/pulling heavy objects, falling/slipping, burns, bruises, and cuts. Most of these issues spring from a lack of safety planning. When injured, let’s say on a construction site, there are steps to follow after a construction accident that can ensure someone is cared for adequately. If these steps are not followed and adequate care is not provided, that only strengthens the case of the person or persons injured. We can prevent office-related injuries by ensuring that all walkways and surroundings are free of clutter. Office supplies and boxes must be kept in safe storage, and spillages wiped immediately when they happen. Vague procedures or lack of safety instructions is another culprit. For instance, movers should be trained on proper techniques for lifting large items to prevent back injury. We should also take time to learn the right way to use job-related machines. Employers should make sure workers are following all safety protocols. They need to put extra effort in matching with OSHA regulations and requirements, where all employees should undergo an OSHA training program. Besides, each employee must be trained on all standards that relate to hazards they might encounter on their exact job.
B. Cumulative Trauma Injuries
This is the second way we can get injured in a busy environment. Cumulative trauma can be a result of repetitive motions while working. Squatting, spinning, typing, and kneeling are some of the activities we do time and again in a workday. Carpal tunnel syndrome can affect our wrists if we continually pressurize the median nerve located on the palm. On the other hand, kneeling, squatting, or standing for prolonged periods can cause wear and tear in our lower body joints. Such injuries are compensable.
Claiming Compensation
Whether it is an office accident or cumulative trauma, we must notify our employer of the exact injury. Then we are given the paperwork which we should use to claim a worker’s compensation. The paperwork must be complete; otherwise, we stand no chance to file a claim. When all is said and done, we should seek the right treatment to mitigate the injury or recover physical damages. Normally, the employer should make the necessary adjustment to make sure that the victim remains employable. Any cost of treatment or hiring a temporal staff falls on the employer.
Elements of Workplace Accident Claims
There are 4 things we need to claim successful personal injury compensation:
- Causation: The relationship between an employer’s negligence and workplace injury is known as causation. For example, we may claim to have contracted an illness from hazardous material. Then, we must establish that our organization failed to safeguard us from unsafe levels of those materials.
- Duty of care: Refers to the responsibility of the employer to give reasonable care to prevent any harm to workers. For instance, hospitals owe a duty of care to doctors, nurses, and administrative workers. Similarly, construction sites must put all the necessary precautions to protect the manual laborers from physical harm.
- Damages: Damages are the results of a workplace accident or cumulative trauma injury. They can be financial, physical, or emotional. In a personal injury case, we may receive compensation for lost wages, treatment, pain, and suffering.
- Breach of duty: It is the same as negligence. When an employer fails to meet the duty of care, they are said to act in a reckless or negligent way. A common breach of duty is a situation where a company buys defective equipment that ends up injuring the employees.
Workers’ compensation falls under the category of personal injury claims. Minor injuries do not need the assistance of an attorney since we can recover damages directly at the workplace. Should the claim become complicated and we miss more time from our job, we can always seek legal help from a personal injury lawyer or specialized law firm who is ready to fight aggressively for clients. Sometimes the company we work for may not admit that the injury is work-related. This is where we need the expertise of a solicitor who specializes in worker’s compensation law.
