The Role of Workplace Injury Lawyers in Proving Employer Negligence

Getting seriously hurt at work can create significant financial difficulties. If your injury is bad enough, you will likely miss work and require expensive medical care. Thankfully, you shouldn’t be on the hook for those expenses.

Workplace injury lawyers can help you understand your rights and how to get compensation after your employer’s negligence resulted in your injuries.

How Workplace Injury Lawyers Gather Evidence to Support a Strong Case

If you have been injured due to employer negligence, you should contact a workers’ compensation lawyer as soon as possible to help you gather evidence for your case. Unfortunately, in most workplace injury cases, evidence can disappear quickly for both expected and nefarious reasons.

The expected reasons are simple. Unless evidence is preserved, it naturally begins to disappear. For example, witnesses to your injury are likely to forget details if they aren’t questioned right away or encouraged to write them down. Similarly, if physical evidence isn’t preserved, it can be misplaced or thrown out.

Unfortunately, evidence can also disappear for nefarious reasons. When someone is injured in the workplace, it is not uncommon for an employer to circle the wagons to protect their business. They may discourage other workers from talking about what happened or intentionally destroy evidence.

Either way, you should contact workplace injury lawyers as soon as possible. They understand what type of evidence you need to support your claim and will act quickly to gather and preserve as much evidence as possible.

Support During the Legal Process

Workplace injury lawyers don’t just gather evidence. They also support you throughout the legal process. This is particularly important if you have been seriously injured in the workplace.

After suffering a serious injury, you are likely to be confined to bed, possibly in a hospital. Even if you can move around, recovery and dealing with pain may dominate your days. This makes it difficult to impossible to deal with the red tape involved in a workers’ compensation claim.

Your attorney will take the lead throughout the legal process. This lets you relax and focus on recovery while an experienced representative moves your claim forward.

Finally, most workplace injury attorneys will help you connect with doctors, therapists, and other support personnel who can make your life easier while you are recovering. Our law group, for example, has built up countless contacts that we freely share with our clients.

Explaining Your Rights as an Employee

In Virginia, when you are injured in the workplace, your rights are protected by the Virginia Workers’ Compensation Commission. Regardless of why you are injured, you can get compensation for lost work time, medical costs, and more.

An experienced workers’ compensation attorney at our law firm will explain your rights to you so you can effectively file a workers’ compensation claim.

However, depending on the circumstances of your injury, you may have the right to pursue greater damages against your employer, especially if your injury was a result of negligence. In that situation, you will need to decide whether to pursue traditional workers’ compensation benefits, a lawsuit, or some combination of the two.

Our legal team will help you understand your options and do our best to help you make an informed decision.

Maximizing Your Compensation

Several factors will affect how much compensation you receive. Your attorney understands these factors and will take steps designed to maximize the compensation you get from your claim.

Keeping an Eye on the Clock

According to the Virginia statute of limitations, you typically have two years from the date of an injury to file a lawsuit against the party responsible for that injury. Attorneys from our law firm will keep an eye on the clock throughout the process so you don’t miss this deadline.

Typically, we prefer not to start legal action until we have collected all possible evidence and you have recovered from your injuries. But we won’t let the deadline pass.

Getting Evaluated by the Right Doctors

Not all doctors are equally qualified to evaluate or treat all injuries. At our law firm, we will ensure you consult with doctors who understand your injuries and can provide appropriate and fair evaluations.

FAQ

If I Was Injured in a Company Vehicle, Does That Count as a Workplace Injury?

In almost all circumstances, if you are injured in a company vehicle, you were injured on the job, regardless of where you were. Typically, if you are driving a workplace vehicle, you are performing work activities. The most common exception is if your employer allows you to take the vehicle home over weekends and use it for personal use.

Do I Have to Go to Court if I Sue My Employer for Negligence?

You might have to. Typically, even when we file a lawsuit against a negligent party, the case is resolved through a negotiated settlement before it goes to a hearing. However, if that doesn’t happen, you will be expected to attend other proceedings throughout the case and may have to testify.

Can I Get Damages Beyond Compensation for Lost Work Time and Medical Expenses?

If you were hurt due to negligence, you may be able to get additional compensation for other expenses you incurred as a result or for pain and suffering. Your eligibility for pain and suffering will depend on if there is an accompanying third-party claim, which is when someone other than the employer is partially at fault for your injury. 

Contact Commonwealth Law Group in Virginia Today

If you were injured in the workplace due to the negligence of your employer, you may be eligible to get significant compensation for the harm you suffered. Contact our legal team today to schedule a free case evaluation with an experienced workplace injury attorney.