How to Handle a Personal Injury Claim from an Employee

Depositphotos 131615052 m 2015
Depositphotos 131615052 m 2015

No doubt accidents occur at the workplace. Being an employer, you need to care for your employees and give them a safe working environment. Claims happen in many scenarios and the workplace is one such place which can be very susceptible to injuries taking place. In the unlikely event that an employee files a personal injury claim, you can do some things to manage this claim.

Encourage Employees to Consult with You

You need to encourage all of your employees to report any accidents as well as near misses. If you do this, then you can take steps to limit similar accidents from occurring in the future.

Have an Accident Log

The staff should know how vital it is to complete the accident forms. The accident book should be easily accessible so that the team does not need to look for it. If the book cannot be located when an accident occurs then this may leave things unrecorded. This can lead to issues in a dispute.

Employees Should Sign an Accident Form

When in a dispute if there is a signed agreement from the particular employee concerning the details of what happened in the accident, this can help you out. If the accident form tends to only be written by the supervisor, then the employee can dispute the facts that you have recorded. You do not want this to occur.

Any accidents should be disclosed to your insurer.

You should check your contract because most insurers state what should be reported. If you do not comply this can affect any payouts. It is essential to know what kinds of accidents need to be reported to them.

Do Not Assign Blame Immediately After an Accident

This is important. You need to keep the reporting factual. Investigate the accident carefully and do not form any assumptions.

It Is Important to Be Thorough

At the time that you compile your report, you should do this in detail. You can take photos. These should be dated. Written statements from all involved can be acquired. These should be signed and dated as well as written in the words of the witness.

You should collate copies of every documentation concerning the accident, such as risk assessments related to the job that was occurring at the time the accident happened, work procedures, etc. You can also check CCTV footage. Preserve this so that no one can record over it.

The Employee Should Remain Informed

You can let them see the results of the investigation you are carrying out. Ask them if they want to sign it off.

Legal Advice

You can look for a good lawyer to get counsel on the rights of the employees and your rights. He or she can help to form a case. This can be done by asking around with friends or family to get recommendations for a competent lawyer.

You can search online for personal injury lawyers present in the area you work in. If you make the mistake of quickly blaming someone else and this later on gets disputed, this may lead to you being the subject of more claims.

You need to learn from the accident so that it does not occur again. You should also keep any records you have safe.

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