Legal advice - I want to sue for permanent scar. Had accident at work. However whilst I was off with injury...

Question

They have put some rails up to avoid another accident happening again...
I do not have picture without rails for evidence. Will this be a problem.

Are they admitting liability for putting up some rails?

Answer 1

If they did an accident investigation then no.

Answer 2

Questions:

Did you file an accident report at work?
Did you include the fact about missing rails being a hazard?
Can other people testify there were no rails at that point?

As long as there are other people who can describe the previous conditions, a photo is not necessary.

Certainly, you could compel the company to produce documents showing when they had the rails installed. Either their own maintenance crew did it, or they hired a company.

If the company tried lying about it, all it would take is a couple witnesses telling the truth, and the company will have no credibility.

Photos are always a good idea, but it's not a "deal killer".

You may not have to take such an adversarial attitude with the company. If you have a scar, they might well recognize that you deserve compensation. Many companies realize that a certain number of legal liabilities are part of the cost of doing business. It might cost them more to fight the case than to settle with you.

Just remember, the company cannot normally get away with outright lying, as long as you can produce witnesses. Even without witnesses, all you would have to do is prove that the rails were installed after your accident (and maybe in response to your injury). Perhaps they were installed because OSHA forced them to, in order to comply with State or Federal regulations. Remember, everything is documented. There is always a paper trail. They can't "shred the evidence".

Answer 3

Well was your accident recorded in work. If so then that can be used as evidence.

If the rails were fitted by an external company, then there should be some documentation regarding this somewhere within the workplace. Which should contain date and time of them being fitted.

This should also be available to whoever would take your case on.

Answer 4

All states have a workers compensation system. Work comp systems are no fault systems. You cannot sue your employer for work accidents, and your employer cannot sue you. Injuries occur in all walks of life. When it happens at work, work comp is there to pay for temporary lost wages, medical treatment. Additionally, in more extreme cases, permanent disability and vocational retraining is available, all regardless of fault.

Permanent disability is what an injured worker may have left with even after completing their medical treatment. It may be a loss of range of motion after shoulder surgery. It may be a herniated disc in a back after a lifting injury.

That permanent scar may or may not entitle you to permanent disability benefits. It depends on the state where your work comp benefits are covered. Every state has their own way of determining what is considered "ratable" permanent disability. If that scar can be measured in any way by your state's labor code, then that measurement can be converted to a percentage which will then translate into a dollar amount you are entitled to for this permanent disability.

Ask your primary work comp doctor if the scar is rateable.

You can also contact the state agency that governs work comp issues to find out if your particular scar would entitle you to permanent disability. You may also want to ask them about how to get another medical opinion if you want to double-check your work comp doctor.

Answer 5

Just because rails have been errected does not release responsibility from the employer. No does it 'admit' to fault because of your accident.

To pursue a claim for an accident requires,amongst other things, evidence.such as accident records...hospital records....witness statements and the like.

Contact the government health and safety depart and also ACAS (employment specialists found on the web)

Answer 6

It shouldn't be a problem. There will be official medical records of your injury date, and your employers should have notified the Health and Safety executive immediately. They may have forced your employers to put the railings up which should all work in your favour.

Answer 7

There are more no win no fee accident lawyers around now than parking spaces. Consult one, the firm can't falsify records about when the safely rails were put up

Answer 8

ok shall we see if i will positioned some meat on the bones for you - in the adventure that the doorstep dad has criminal conceal, then they must be finding to get better fees / outlay for the wear and tear they brought about. It does not count a jot no count if the jogger is insured or no longer - (they have brought about and are in charge / answerable for the twist of destiny) the jogger might have enjoyed ones coverage and can have public criminal accountability coverage. there has been techniques to sue the jogger - it is a sensible direction of action - IF the insurer is being under co-operative - in the event that they fail to describe in complete component - then a grievance could be made, could (as i'm optimistic they'll) answer to their very own delight, then pass to the coverage / economic serviced ombudsman. stable luck - he should not be held in charge / answerable for the movements of yet another, greater over - he should not be deprived via the beside the point movements of somebody else (the jogger replaced into negligent via no longer being completely attentive to our surroundings via donning head telephones).

Answer 9

You can get free legal advice on websites like LawGuru, FindLaw. Check this out for more info http://www.uelp.org/freelegal.html

Answer 10

There should be records (OSHA log, etc) showing you were injured on the job.