Most employees are not prepared for an accident in the workplace, which is not unusual, but this may unfortunately bring on errors in the future in protecting your rights. When an employee has an accident in the workplace, they need to be aware of what they have to do, and also what should not to do so that they protect their legal rights. The most common errors may greatly minimisie the award that you may be entitled to.
Here are some things that you should NOT do after an accident at work. It is reverse physiology at its best! 1. Not reporting an accident at work promptly The first and regular error is to not reporting an accident at work to your employer straight away. With the ever increasing number of claims in the workplace, employers are already suspicious of all accidents in the workplace.
By not reporting the accident that you have been hurt or injured in a timely way, you run the possibility of having your injury’s being challenged as possibly happening elsewhere, or not in the manner described by you. Do not believe by putting in a report of your accident that you will lose your job, or maybe that you might be recovered the next day. Even if an accident at work seems inconsequential, reporting it straight away will help you if your injury gets worse in the future. 2. Not telling your employer of previous injuries Next in line is not disclosing to the employer any past work injuries.
Best practice is that you should be squeaky clean, even if the previous accident may have seemed minor or you were hurt and did not report the past injury because you thought you might lose your job. The filling out medical history forms for a GP’s visit or talking to the insurance company you must be transparent about any history of being injured on the job. This necessity to be transparent is just the same even when you are putting down details about a current injury that is not related to your previous injury.
The insurance company of the employer may possibly make use of these details against your accident at work claim by insisting that your injury pre existed, rather than coming from the current work injury. 3. Not Returning to Work When Able The next error that many people make is not returning to the workplace when you are fit and capable of doing so, or when your doctor certifies that you are fit to return. In these circumstances your employer can let you go for your refusal to return to the workplace.
If you think that you will be unable to do the work of the position offered, you still have to try and perform your normal duties. Just when you show that the work involved is beyond your physical capabilities can you show that your duties are too onerous to perform. 4. Lack of legal help Do not believe that if you suffer an accident at work that you can handle the personal injury case on your own without legal representation. That is not to say that you cannot represent yourself, of course you can, but we highly discourage you from doing so. Without a doubt your employers insurance company, and as well as your employer, will be taking legal advice about your case. Do not fall into the trap of thinking you can do it all by yourself.
