How Do The Most Common Workplace Injuries Affect Your Legal Rights?
If your workplace injury is common, do not be fooled into believing that it should be overlooked if your injury has rendered you incapable of working. Your legal rights may be compromised.
Our firm occasionally researches to determine what our clients’ most common workplace injuries are. Surprisingly, even the most common workplace injuries can have a devastating effect on your legal rights if they are left unchecked. It is important to always take advantage of a free initial consultation with a personal injury lawyer if you have been injured to make sure your rights are protected.
Here are some of the more common workplace injuries with their legal issues:
Violent attacks in the workplace
Sometimes, office parties or heated arguments during working hours can lead to escalated aggression and violence. Fights between co-workers can be fairly common, especially if a workplace does not have adequate team building or workplace safety measures implemented.
Attacks in the workplace can also occur from the customers themselves and put workers in serious risk of injury, such as in the healthcare profession dealing with mentally unstable patients.
If you have been a victim in these circumstances, it is important to consider if your workplace has done everything reasonably necessary to maximize your safety. An employer who breaches this duty risks liability in negligence.
Musculoskeletal Injuries & Repetitive Stress Injuries (RSI)
If you are an office worker who types in front of a computer 8 hours a day, or a general labourer who lifts, bends, or puts together the same components for a product repetitively every work shift, then you probably are familiar with these types of injuries.
A repetitive stress or musculoskeletal injury can cause pain and inflammation of the joints and includes injuries such as carpal tunnel syndrome, tendinitis, tennis elbow, etc.
The main legal concern for many clients is whether this injury constitutes a work injury and whether it was caused by an employer’s negligence. Many workers become intimidated by their workplace and scared of losing their job if they make a workers compensation claim for an RSI.
Motor Vehicle Accidents
If you are an employee who drives for the purposes of your employer’s business, then you should be able to claim workers compensation, even if you are driving to or from work. The circumstances may vary depending on the situation.
Many clients ask us whether they can pursue a claim through workers compensation or if they should pursue a civil claim against the negligent driver. There are also issues arising from whether the drive constitutes as work related travel ‘under the course of employment.’ These aspects may be difficult to determine without the assistance of a personal injury lawyer.
In factories with heavy equipment and machinery, there can be many risks associated with moving mechanical parts, loose clothing and lack of training.
Legal issues arise from companies who provide inadequate training measures, or who remove safety guards in favour of faster production. Sometimes these problems can be hard to diagnose. For example, is your work uniform loose fitting and capable of being caught in moving machinery?
Falling Objects and Falling Injuries
People can accidentally slip into objects such as loose cords on the floors, or they may walk into doors and cabinets with heavy objects overhead. Without proper communication, objects being dropped can land on people and cause head injuries, especially if there is no personal protective equipment available.
The legal issues that arise from this can be difficult. On one side, an employer has a duty to ensure that all reasonable safety precautions are taken for their employees. However, it is also up to these employees to use these precautions. A number of considerations can be made for these types of injuries such as whether there were adequate signs to warn employees.
The Complexity of the Workplace Injury
Not all injuries can be established in black and white. This is especially true for workplace injuries and situations where a party wishes to avoid liability from a work accident. Your work injury may be clear to yourself, but there are many other alternatives that may be suggested by WorkCover Insurance that may adversely affect your legal rights. Even if you succeed in having WorkCover provide your initial medical treatment, legal issues can still arise concerning the duration of your treatment, the type of treatment you receive, and whether or not your injuries continue to prevent you from working. These issues can affect your ability to claim wage loss benefits.
Protect Your Legal Rights with an Accredited Specialist in Personal Injury
- Do you want to make sure that your chances of success in your claim are maximized?
- Was your employer negligent for your accident and do you need a legal professional to protect your interest against their insurance lawyers?
- Are you a little intimidated by the legal process of WorkCover or workers compensation?
- Are you at risk of financial hardship because your injury prevents you from working and you are unable to afford proper treatment?
If you said yes to any of these questions then your claim may greatly benefit from the help of an accredited specialist in personal injury.
East Coast Injury Lawyers is a Brisbane Personal Injury Law Firm led by personal injury lawyers who solely specialise in personal injury claims including workers compensation. There is no risk to speaking with an accredited specialist from our team. This is an important feature of our services in order for you to get the free initial legal advice you need to decide whether or not to pursue a claim.
Contact us today for a no risk, free initial consultation so that we can have a chat about your workplace injury and advise you on your legal rights.
All you have to do is simply fill out our free case review form or call us at 1300 720 544.