During a job site accident, there are steps an employer should take to make sure that your injuries do not become more severe. If these precautions aren't taken, your job site accident attorney may be able to use these facts to further support your claim that your employer was negligent during your job site accident.
When Worker's Compensation Doesn't Apply
In some cases, you may need to sue your employer directly. Your employer might not have been carrying workers' compensation insurance because it was not required or she may be violating the law. If you were classified as an independent contractor, the employer would not have you covered under workers' compensation insurance. However, if your employer was negligent, you are still entitled to damages.
Employers Must Be Proactive
Employers are expected to be proactive when taking steps to protect their employees from injuries. Employees must be well-trained and must also know who to contact when an emergency occurs. When you are injured, your employer is expected to respond diligently and promptly.
Hire a Legal Team
Your employer will likely hire a legal representative in an attempt to shield herself from liability. You'll also need help from a job site accident attorney who can help you make sure that you receive compensation for all of your injuries. For example, many workers fail to receive full compensation for their injuries because they were only focused on some injuries and underestimated the severity of others. Your job site accident attorney will help you determine exactly how much you are owed.
Build Your Case
Job site accidents are rarely clear-cut. For example, your employer might try to assert that you were responsible for the accident. However, you may not have been aware that the particular hazard existed. You will need the accident to be investigated not only to argue for your version of the events but to also make sure that the mistakes leading to the accident are not repeated.
The investigation into the job site accident by your attorney begins with the discovery process. In this case, both parties gather evidence to support their claims. The discovery process involves the use of witness testimony and depositions. Your attorney will file any motions that are necessary and will also work with expert witnesses to gather evidence necessary to prove your case. If you are required to go to trial, the attorney will represent you in court.