Accidents can happen anywhere, even at your workplace. However, dealing with these accidents can be daunting, especially if they involve you getting injured or grievously hurt. This is where vicarious liability comes in. In simpler terms, vicarious liability allows you to sue your employer instead of the employee or worker who caused the accident. There are many different ways to go about this, though. At some workplaces, employee compensation benefits are set aside if the nature of work might result in the employee getting hurt, such as construction work. Keep reading if you want to know how to file claims for accidents in the workplace.
Types of Accidents in The Workplace
There are a wide variety of accidents that can occur in the workplace. According to research, an estimated 609,000 accidents happened at work during the years 2016 and 2017. Some things categorized as an accident are:
- Tripping and falling
- Sustaining injuries from carrying heavy weighted items
- Being neglected by your employer and coworkers
- Being harassed or assaulted at work
- Getting into road accidents during working hours
- Being injured by operating heavy and dangerous machinery
- Not being provided with adequate protective gear and equipment
- Having defective equipment to work with
- Being in a work environment that may result in lifelong conditions, such as asthma
Criteria to Fulfill Vicarious Liability
Certain conditions are required to fulfill vicarious liability. Firstly, if you live in Florence, SC, you must file a claim through a personal injury lawyer in Florence asserting that the accident occurred due to negligence by your employer. You can also file a claim if you can prove that there were no health and safety regulations at your workplace. It is also necessary to have evidence that clearly shows how your employer was at fault and how you are affected by the accident.
There are certain limitations on your right to claim damages because of a workplace accident. In certain states, your compensation benefits will not cover any self-inflicted injuries. Similarly, some states may not act upon sexual harassment or employment discrimination claims, either. Intoxication or breaching the health and safety policies at a workplace can result in a reduction in your compensation benefits or even termination.
How Do I File a Claim?
You can file a claim as soon as the accident occurs. If you are seeking workers’ compensation, then the process will involve you going to your employer and explaining your problem/situation to them. Your employer will then fill in all of the necessary paperwork that is required. This will include all of the details of the injury, such as the nature of the injury, as well as where, when, and how it occurred. Once all the forms have been filled out, your employer will forward your claim request to the insurer. Now it is up to the insurer to either approve your claim and pay you the compensation being sought, or to deny your claim for worker’s compensation.
However, if you are looking to file a claim against your employer under vicarious liability, then it is best to go to your insurance provider or an injury lawyer.
When Can I File a Claim?
You should file a claim immediately after the accident occurs. Though the law differs from state to state, you may have a time limit of 3 years from your injury date to file for workplace accident claims. Missing this deadline means you will have forfeited any chances of getting compensation for your workplace injury. This period also depends on the type of accident that occurs; generally, accidents occurring on the job have a shorter time limit for you to claim your workers’ compensation benefits.
How Much Compensation Will I Receive?
The amount of compensation that you’ll receive depends on the extent of your injury. Minor injuries such as head and back injuries will have a lesser compensation than more severe ones. When deciding on the amount of compensation, insurance providers consider two factors: the level of pain and inconvenience that the injury causes the work, and how it hinders their day-to-day non-work activities.
Usually, in cases of workplace accidents, the employer is obligated to compensate his employees who have been injured. However, if you encounter an employer who is unwilling to give you what you rightfully deserve, the next step is to file a claim and let the court decide whether you deserve compensation benefits or not. If you follow the guidelines in this article, you’ll be able to get proper compensation accordingly.