Personal Injury Lawyer John B Jackson – Steps to Take If Injured by a Machine Malfunction at Work
Nowadays, when most companies in Douglas County rely on machinery to produce their goods or deliver their services, machine-malfunction work accidents are quite common. Employees who fall victim to such accidents benefit from worker comp in Douglasville, GA.
If the accident was the result of the gross negligence of the employer, another employee, or a third party, the victims have the right to hire a personal injury lawyer and file a compensation claim against the party at fault.
If you were injured by a machine malfunction at work, the most important step to take in order to figure out what your rights are and how to pursue them is to discuss the details of your case with an experienced personal injury lawyer in Douglasville, GA.
The latter will assess whether you only have the right to workers compensation or you can file a personal injury claim as well. They will also advise you on the steps to follow in each case. Here is a brief overview of the steps recommended in each situation.
Steps to Follow for Filing a Worker Comp Claim in Douglasville, GA
1. Seek Immediate Medical Attention
If the injuries are severe and require immediate attention, the employee can seek any licensed doctor. If the injuries are not that serious, it is best to consult one of the six doctors the employer approved as part of their worker comp plan.
2. Report the Injuries to the Employer as Soon as Possible
Employees who incur work-related injuries have the obligation to report their injuries within 30 days of incurring them or from diagnosis. It is important to report even seemingly mild injuries, as they could escalate.
3. Document the Injuries and Any Time-Offs
In order to recover lost income, an employee injured on the job will have to prove the nature and cause of their injuries. Failure to do so could cost them their workers comp benefits.
4. Follow Any Treatments Prescribed
Employees who fail to follow doctor recommendations may lose their benefits. The employer may argue that their condition aggravated. Those who are not satisfied with the recommendations they receive have the right to request a second opinion.
5. Consult an Experienced Worker Comp Lawyer
Most employers will try to avoid paying workers comp benefits or reduce the period as much as possible. An experienced lawyer will know how to counteract any such attempts and defend their clients’ interests.
Steps to Follow for Filing a Personal Injury Claim in Douglasville, GA
1. Seek Immediate Medical Attention
No matter if anyone was at fault for the work accident or not, the victim should receive medical assistance as soon as possible, to have access to appropriate diagnosis and treatment and avoid complications. It is important to keep all medical reports, bills, and prescriptions, as they could represent valuable evidence.
2. Consult a Personal Injury Lawyer
The sooner the accident victim gets in touch with an experienced lawyer, the sooner they will find out what their rights and options are, and the more help they can obtain from the latter. Many personal injury lawyers provide free preliminary consultations, so accident victims have nothing to lose. If they decide to hire the lawyer they consult, the latter can help and guide them throughout the remaining steps.
3. Gather Evidence
The outcome of a personal injury compensation case will depend on the consistency and clarity of the evidence supporting it. In order to obtain workers compensation, the claimant and their personal injury lawyer will have to prove beyond reasonable doubt how the accident occurred, who was at fault for it, and what consequences it had.
4. File the Personal Injury Lawsuit
This basically means announcing the defendant that they face a court trial. At this point, many defendants try to settle. The attorney will handle the negotiations and advise their client whether the settlement offers they receive are worth accepting or not.
5. Take the Case to Court and Obtain the Due Compensation
Negotiations are possible during the court trial as well. The verdict will depend on the available evidence and the skills and experience of the personal injury lawyers working on the case. In case of an unsatisfactory verdict, the attorney may advise their client to file an appeal.
Have Your Case Reviewed by a Douglasville Personal Injury Lawyer Now!
If you incurred workplace injuries due to a machine malfunction and you are not sure whether your case only qualifies for workers compensation or it may justify a personal injury lawsuit as well, one of our experienced lawyers from John B. Jackson & Associates can evaluate your case and provide the answers and advice you need. Call us today to schedule a Free Consultation.