Working in risky places such as the construction or chemical industry may seem like a rewarding challenge, but you need to assess things well before you jump into it. Like every developing town or city, the construction, chemical, and development job markets like mining are aplenty. They draw thousands with the promise of a job and great benefits. Such contract-based labor-intensive opportunities also pay well, given the risks involved or expertise required.
However, one can never rule out the possibility of injuries on-site, which is a job hazard all such workers have to work with. The duty of care lies in the hands of the company to prevent any injuries to the best of their abilities. But what happens when you do get injured? This blog is for those who may have gotten injured in the line of duty and now require redressal for recovery bills and further treatments.
- Negotiate compensation: Upon getting injured, the initial responsibility of your treatment lies with the company. However, corporates may not always play fair. If your treatment and recovery are not covered by a sound workers’ compensation policy, you have the right to negotiate an adequate sum that takes care of you while you get treated, recover, and rest. The compensation should also include the time off when you’re without an income and have to support your family.
- Appoint a lawyer: One of the first steps you need to take is to get in touch with a legal representative who can build a case against this event. While there are several specialists to get you handsome compensation due to a personal injury, there are specialists to consult in the event of an employee’s workplace injury, disablement, death, or mental retardation. Reaching out to a wrongful death lawyer law firm that caters to the entire spectrum of events as a result of negligence on part of the company will help your interests. They will be able to corroborate the care in the court so as to provide you or the injured worker’s nominees an appropriate compensation for treatment, rehabilitation, and loss of income.
- Gather evidence: One of the biggest factors that come into play while addressing redressal for injuries caused in the line of duty is proving willful negligence on the employer’s part. This may look like collecting pieces of evidence that prove that there was a lack of safety measures or protocols overlooked on part of the company or reporting manager which directly led to the death, disablement, retardation, or injury of their employee. Since this is a difficult task to accomplish, the law firm you appoint will be far more resourceful than you doing it by yourself.
- Collect witnesses: First-hand accounts of eye-witnesses who can attest to the fact that the injury took place on the establishment of a work site, within the said worker’s shift duty, and without any negligence/default on part of the worker are pivotal. This will go to prove that the worker followed the rules to a T, knew the nature of the job, and performed his work with the regular amount of care as required. The witnesses noticing a change in the health of the worker at sites that dealt with chemicals, residue, or effluents over time will also prove negligence on the company’s part.
- Prove that your health worsened due to work: For conditions that deteriorate the health line nervous system disorders, asbestos lung disease, and other such degenerative illnesses, they should be able to prove that the nature of the job was a direct reason for this condition. This may require statements from the attending healthcare practitioner, who can help to prove how the job hazard played a negative influence on the overall health, leading to illness, thus leading to medical expenditure, loss of income, and employment.
- Do not settle in initial talks: Many company managers try to settle the matter of worker injuries to prevent it from escalating. However, these settlements seldom cover compensation that would suffice to look after your health and rehabilitation. Especially in cases where a worker loses a vital limb or has to undergo lifesaving surgeries, the costs later in life are exponential in nature. Let your lawyers set up negotiation rounds to get you the money you deserve in order to restore your health.
Getting treatment after a fatal injury at work is often looked after by the company, but having to recover your overall health, including the mental trauma is often never taken into account. Make sure that you take all these steps to ensure your health is prioritized by the company you work for, including implementing safety gear and devices as a preventive measure.