When Can You Sue Your Employer for a Work Injury?

Nobody wants to be injured at work but over half-a-million people experience work-related injuries each year. That’s a huge number. You’re going to need to know what to do and when you can sue for a work injury.

It should be noted that suing for a work injury is supposed to give you the money to cover medical bills and recovery. This includes loss of pay and lifestyle changes that are necessary thanks to the injury. It’s not an opportunity to make a lot of money.

Before Your Sue

If you want to sue your employer you’re going to need a good lawyer. They will certainly have one. Fortunately, you can speak to this lawyer in Burwood and know that you’re in good hands.  Speaking to a  specialist lawyer means you’ll know you have a genuine claim and they will handle everything for you.

But, it also means that you’ll have all aspects covered. If you try to do it by yourself and negotiate with the company lawyers or insurers, there is a good chance you’ll overlook some of the costs. Having a lawyer to back you up gives you someone that has done it all before, knows exactly what costs you could incur, and how best to get a settlement.

It’s rare for work injury claims to make it through the courts as they are generally settled beforehand.

Employers Have A Duty Of Care

You’re a grown-up and should be able to take responsibility for your own actions. However, when you are in the workplace there are many things that can cause issues. For example, other employees leave items in the wrong place, creating trip hazards. There may also be a variety of machines that can be dangerous.

Your employer has a duty of care, which means they need to ensure you have suitable training and that the workplace has been assessed to ensure all hazards have been identified and risks minimized.

If this has been done then any injury is simply an accident. Your employer should have insurance that will give you the necessary compensation while you recover.

If the employer hasn’t performed all the checks to ensure the working environment is safe, they will be directly liable for your injury and you can sue them.

Equally, if for any reason they deny you access to the compensation fund, even though you believe you have a genuine reason to access it, you can sue them.

Lack Of Coverage

You should note that some employers do not provide compensation cover. This doesn’t mean you can’t sue them. In fact, it is the only option available to you and should be used if you are an independent contractor, they are exempt from needing compensation cover, or they have failed to give you compensation cover when they legally should have.

Suing your employer can take time. That’s why it’s important to have a good lawyer on your side. They will know how to speed up the process and get you the funds you need to make a full recovery or return to your previous quality of life.