Employers have a legal responsibility to provide a safe working environment for their employees. Failure to do so increases the potential for accidents and worker injuries. If you feel that an unsafe working environment contributed to a workplace injury you suffered, a workers’ compensation attorney can advise you of your rights under the law as well as your legal options. It would also be wise to educate yourself on what to do if you’re injured by an unsafe working environment.
What to Do if You Are Injured on the Job
If you have an accident and are injured at your workplace, report the incident to your employer as soon as possible—the sooner, the better. Seek immediate medical attention (or call 911 if the injury is potentially life-threatening) for your injury. If your accident occurred in what you consider to be an unsafe working environment, and you feel such an environment contributed to your injury, it would be in your best interest to retain a workers’ compensation attorney to assist you with filing a workers’ compensation claim. A workers’ compensation attorney is knowledgeable about OSHA laws that govern workplace safety, and he can determine if your employer has committed any OSHA violations as well as any other safety regulations.
Workers’ compensation typically allows you to only recover damages for injuries. However, some states allow injured workers to sue an employer for “intentional or egregious” conduct. This may result in a larger workers’ comp benefit if the worker successfully proves that his employer’s negligence created an unsafe working environment that contributed to his injury. Proving such negligence is very difficult, however. Having an experienced workers’ compensation attorney is working on your behalf will increase the chances of a favorable outcome in cases like this.
What Can a Worker’s Comp Attorney Do for You?
In order build a strong case against your employer, you must be able to prove that your employer conducted himself in a manner that created the unsafe working conditions, or that his failure to address potential dangers—which may or may not have been brought to his attention—contributed to your injury. Merely claiming the employer was careless or negligent is not enough. You have to show where your employed acted with a blatant disregard for employee safety.
In order to do this, a workers’ comp attorney can:
- Gather photographs, videos or any other evidence of the alleged unsafe working environment;
- Obtain sworn depositions of your employer and supervisor, and all staff who were exposed to the unsafe working environment;
- Subpoena your employer and OSHA for pertinent records that may help prove your case;
- Obtain a sworn deposition of OSHA investigators, if necessary; and
- Gather any other evidence of grossly negligent conduct on the part of your employer
Need Help Filing a Claim?
Call the Law Offices of Peter N. Davis and Associates and speak to one of our qualified workers’ comp attorneys about your workers’ comp claim. Our attorneys can answer any questions or address any concerns you have. They are ready and willing to work diligently to see that you are fairly compensated for your pain and suffering.
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