Back injury at work and other work injury claims

2007-03-08 10:33:40

( Legal )



Every year, millions of individuals are injured at work or disabled as a result of unsafe working places or hazardous working conditions. A vast majority of these work place injury victims suffer in silence – unaware of their rights and privileges under the law. An injury at work can hit you from out of the blue, leaving you jobless and in a worst case-scenario, disabled.

You may have the mistaken notion that work place injury does not concern you because of the type of occupation you have. But any job, regardless of the position or industry you're in, poses certain hazards and risks. The truth is, injuries at work are an inevitable fact of life. Whether a back injury at work, undue office stress or flawed heavy machinery, a work place injury can result in you being incapable of working again or relying on meager compensation payments that barely meet your needs.

Common work-related injuries include back injuries, fractures, heart attacks, shoulder or neck pain, hypertension, headaches, burns or carpal tunnel syndrome – more popularly known as wrist injury. If you have sustained an injury at work or your job causes you to be ill, you are entitled to what is called worker's compensation claim. This entitles you to compensation for injuries and losses suffered including loss of earnings due to medical rehabilitation or disability.

Making a compensation claim
If you have acquired a back injury at work, there are certain processes you must follow if you want to make a compensation claim. First, gather evidence to support your claim. This includes possible witnesses, photos and accident book entries. It would also be useful to keep a detailed record of events, expenses – including receipts, incurred during recovery and treatment of your injury.

Next, determine what type of claim you are going to make. Claims for damages usually fall into three basic categories – general damages, special damages and future losses. General damages represent any physical suffering, pain and injury received. This will require validation either through an independent doctor's report or medical certificate. Special damages include out-of-pocket costs and loss of earnings that are a direct result of the back injury at work. Future losses stand for the losses that may be incurred in the future including earnings or pension. This also includes an appraisal of costs for any future accommodation, care, rehabilitation or medication needed.

Once you have established your case, your next move would be to consult an expert solicitor, barrister or lawyer who specializes in work place injury. The laws governing workers compensation are extremely complicated and companies will do everything within their power to reduce payments. Although a majority of workers' compensation claims are usually settled out of court, you will still need the expertise of a professional who can best protect your interests.


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