How to Make a Claim Against Your Employer for a Work-Related Accident

Work-related accidents are a serious problem. The accident can cause injuries that result in high medical bills, pain and even disabilities. Employees that are injured on the job have a few options available to them; one is filing a claim against the employer; or, if the employer has workers compensation insurance, you may get your bills paid through another source.

Instructions

Claims For Worker's Compensation

• 1

  Inform the employer immediately after the accident. The employer technically is not held responsible, but obtaining the worker's compensation requires getting the report in as soon as possible. Tell the employer what the accident was and which other workers witnessed the accident. This will start the claim to obtain Worker's Compensation benefits as employers start the paperwork.

• 2

  Take pictures of the injuries and keep a log of pain from the injury. This provides evidence of the injury.

• 3

  Obtain the Worker's Compensation. If Worker's Compensation denies the claim or the claim is considered as filed too late for benefits, hire a personal-injury lawyer. Any worker who is seriously injured due to accidents in the workplace that is under a Worker's Compensation plan is eligible for compensation when major injuries occur.

Claims Without Worker's Compensation

• 4

  Hire a personal-injury lawyer. The best personal-injury lawyers are those who are paid on a contingency plan, so they are only paid if they win the case. Work out the details of the attorney's percentage before going to court.

• 5

  Sue the employer. There are two basic options for the case: suing the employer for negligence or negligence of the co-employee that cause the accident. Anytime that a workplace is required to have Worker's Compensation but chooses not to obtain it is a workplace that allows the workers to sue for negligence.

• 6

  Obtain evidence. Get witnesses of the accident, take pictures of the injury, provide medical bills and show how the injury will affect future abilities. The lawyer can determine the appropriate evidence for the specific case.

• 7

  Take the claim to court. In the case of a settlement, there is less monetary compensation. Taking the case to court can make the case last longer and has the potential to fail. The ultimate choice of the best possible action rests with the lawyer and individual making the claim.