Many work environments present an element of danger. Accidents can even happen in a retail store. In fact, they can happen anywhere, anytime.
As an employee you have a duty of care to yourself to be responsible and exercise common sense, but your employer also has a duty of care towards their employees, offering as safe a work environment as possible.
Far too often mishaps, serious accidents and even tragedies occur unnecessarily in the workplace due to the negligence and lax attitudes of employers. Sometimes this can be a result of the employer not wanting to spend the money to improve safety, update old machinery and so on.
It doesn’t really matter what the reasons for negligence are, what matters is what can you do if you suffer an injury in the workplace because your employer didn’t practice due diligence or follow workplace health and safety regulations.
This Should Be Your Very First Step
If you’ve been injured at work and feel your employer was negligent, then the first thing you’ll really want to do is speak with a trained and experienced work injury compensation lawyer.
You likely know your job very well, but probably don’t know a lot about personal injury law. On the other hand, a law firm that specialises in personal injury, work related injuries and compensation claims will.
No one should just sweep an injury at work under the carpet and let it go. You have a right to compensation and a right to feel safe and protected while at work and performing your duties. After all, your boss owes you more than mere wages for the work you do. Your employer needs to look after you in other ways as well, and that includes providing a safe work environment.
What you need to do is find yourself a specialist personal injury lawyer. Not a family law firm or criminal lawyer, but a firm that specifically deals in personal injury compensation claims. Make an appointment to chat with one of the partners.
You’ll be pleased to know that many Australian personal injury lawyers will offer the first consultation for free, so you have absolutely nothing to lose by at least speaking with a lawyer face to face, finding out where you stand and learning what your rights are.
Once at this initial meeting you’ll discover whether you have a valid case against your employer in which the law firm can help you seek appropriate compensation for your injuries, pain and suffering, and loss of income.
Another important point to note is that if the law firm decides to take on your case and seek compensation of your behalf, many of these firms offer a “no win no fee” guarantee. What this means is if the firm wins your case, they deduct their fee from your compensation payout (or bill you once compensation has been confirmed), but if they take on your case and lose, you owe them nothing.
It really is a great deal.
Establishing Employer Negligence
Of course, for a lawyer to want to take on your case regarding personal injury at work due to employer negligence, then evidence and facts that prove employer negligence will have to be gathered and established.
- Did your employer fail to do something to make the workplace safe that led to your being injured?
- Was something broken or needed replacing that the employer was made aware of, but failed to take appropriate action and get it rectified?
- Were you asked to perform duties that were outside your skillset, job description, experience or ability that led to your injury?
- Were you injured in accident while driving an unsafe and unroadworthy work vehicle?
These are just some of the question that need to be asked and answered to determine employer negligence that led to your workplace injury.
Chatting with your lawyer will help refine all this. They’ll know exactly what questions to ask you, so when you go in for your first consultation, be prepared to think about any questions you are asked and answer them honestly.
There’s no point embellishing the truth in any way, as this will only become apparent during the processing of your case and lead to you losing any claim to fair and just compensation.