Workers in nearly any occupation can suffer serious injuries on the job. For example, a factory worker may be injured because of a catastrophic machinery accident. On the other hand, an officer worker may be hurt because they suffered a slip and fall down a staircase. In any case, workplace accidents have the potential to cause devastating harm.
After suffering a harmful workplace accident, you may be able to sue the party responsible for your injuries. However, the process for recovering compensation can be complicated. Defendants in workplace accident cases can employ various strategies to refute important elements of plaintiffs’ claims.
If you were hurt on the job in Lakewood, NJ, get help from our experienced workplace accident attorneys by calling Legal Care New Jersey at (732) 838-9769.
What to Do After Suffering a Workplace Accident in Lakewood, NJ
After being injured because of a workplace accident, there are specific actions you can take that will help your ability to recover financial compensation. First and foremost, your concern should be getting medical attention for the harm you sustained. If you require emergency care, you should call 911 right away. The dispatcher can send an ambulance to the scene to treat you immediately. If your injuries do not warrant emergency care, you should still visit the doctor as soon as you can. You will need to acquire official documentation for your injuries to recover monetary damages from the party who caused your accident. Furthermore, the defendant in your case may use a delay in treatment to argue that you were not seriously injured.
The next step should involve collecting evidence at the scene of your accident. Photos taken at the scene may be very valuable when proving that another party is at fault. For example, photos of a broken handrail may be sued to establish the cause of a slip and fall. You should always attempt to take photos at the scene of your accident if you can. Furthermore, you should attempt to collect contact information for potential eyewitnesses if possible. Eyewitnesses can help explain how or why your accident happened.
Finally, you should notify your employer that you were hurt on the job as quickly as you can. Afterwards, you may consult with our experienced workplace accident attorneys to determine the appropriate course of action.
Can You Sue for a Workplace Injury in Lakewood, NJ?
If you were hurt on the job, you may be able to seek compensation by suing the at-fault party. Generally, in order to file a workplace accident lawsuit, you must have been injured because of a third-party’s negligence. For instance, if you were hurt because you were working with a defective product, you may be able to sue that product’s manufacturer. Furthermore, if you suffered an on-the-job vehicle accident caused by a negligent driver, you may be able to hold that driver accountable for the damages you incurred.
However, if your accident happened because of negligent actions exhibited by your employer or one of your coworkers, then you will likely be unable to file a lawsuit against them for the injuries you suffered.
Examples of Evidence Used to Prove Fault for a Workplace Accident in Lakewood, NJ
For your workplace accident lawsuit to prevail, you must prove that the accident was caused by another party’s negligent actions. There are several types of evidence that can be utilized. The following are common examples of evidence used by plaintiffs in Lakewood, NJ:
Footage from private surveillance cameras can be highly valuable when proving how or why a workplace accident occurred. For instance, security camera footage from a construction site may help identify the cause of an on-site vehicle crash. Furthermore, surveillance footage from an office building may help establish fault for a slip and fall.
Surveillance footage from private cameras may not be stored for very long. Accordingly, it is important to begin searching for this evidence quickly after your accident.
After some workplace accidents, employees who were on the scene may be asked to complete accident reports. These reports may provide a great deal of information that helps point to accidents causes. For example, an accident report may state what other employees believe to be the cause of your accident or include a drawn diagram of how your accident happened.
Expert Witness Statements
Expert witnesses are considered experts because they have completed the required experience, training, and education in their fields. They can be used to explain complicated theories of fault. For instance, after a construction accident caused by a defective product, an engineering expert may be summoned to demonstrate why the accident happened. Furthermore, after a delivery driver is involved in an on-the-job motor vehicle collision, an accident reconstruction expert may be able to explain which driver is to blame.
As previously discussed, eyewitness statements can be a highly valuable tool when proving fault for workplace accidents. Witnesses can provide oral and written statements that help establish the events that unfolded before, during, and after workplace accidents.
What if You Are Partially Responsible for Your Workplace Accident in Lakewood, NJ?
If you are partially responsible for your workplace accident in New Jersey, you may still be able to obtain payment for the damages you suffered. However, the amount of compensation you are awarded may be restricted. New Jersey courts abide by the rules of modified comparative fault. This means that damages awarded to plaintiffs in workplace accident cases are based on their percentages of fault. As an example, if you are determined to be 35% to blame for your accident while the defendant is 65% at fault, then the defendant will have to pay for 65% of the damages you sustained while you are left to account for the remaining 35%. However, if you are found to be more than 50% responsible for your workplace accident, then you will unable to file a lawsuit seeking compensation for your injuries.
If You Need to File a Workplace Accident Lawsuit in Lakewood, NJ, Call Our Attorneys for Assistance
Seek help from our experienced workplace accident lawyers by calling Legal Care New Jersey at (732) 838-9769.