It’s no secret that some employers try to save time and money by bending the rules. Very often, their employees go along with it rather than go through the trouble of reporting it or making a fuss. However, once an accident has occurred, sometimes an employee feels that they should take actions besides filing a claim for workers’ compensation. At Heuser & Heuser, a Colorado Springs workers’ comp attorney is available to help you figure out just what those actions might be.
Become Familiar with OSHA
The Occupational Safety and Health Administration (OSHA) is a federal agency that creates safety standards for employers to follow and attempts to protect workers from dangerous work environments. They will also inspect workplaces and defend workers from retaliation for reporting violations. This is mostly important to know before you’re injured, but communicating with them may help your case and fix the problem that caused your injury so that you can return to a safe environment. Inspection results can be used in court, and this may give you a significant advantage during your lawsuit. In the event that you are punished for reporting your injury or suspected violations, they have the ability to reinstate employment and paygrade as well as compensate for lost wages.
Find Out How Your State Works
One of the benefits of contacting a lawyer about your injury is that a true professional Colorado Springs workers’ comp attorney will understand the nuances of workers’ compensation claims according to state law. Not every state handles lawsuits the same way, and you may be able to present a case in one state but not another. Because workers’ comp was created in part to help avoid lawsuits, some states will not offer exceptions, although you may be able to go through the workers’ compensation system to increase your benefits based on the conduct of your employer.
Ask a professional at Heuser & Heuser about exceptions for egregious misconduct in your state to find out if you can present a case for more benefits.
Prepare Yourself for a Difficult Fight
You may be able to file a claim against your employer for serious and willful misconduct; this is usually in limited circumstances and usually very difficult to prove. You must demonstrate that the action (or lack of action) your employer took was done while they understood that harm would likely result, or that the action was intentionally harmful.
One of the reasons workers’ comp tries to circumvent lawsuits is that proving that an employer is at fault for an injury can be exceedingly difficult, and the resulting case may be costly. This is why some people opt to simply work through the no-fault workers’ comp system. However, talking to an experienced lawyer can help you evaluate whether or not you can or should present a case. Keeping careful notes, conversing with coworkers, and documenting your experience through records, receipts, and photos may help in the event that you do file a lawsuit.
Contact a Colorado Springs Workers’ Comp Attorney
To find out about intentional misconduct laws in the state of Colorado, contact Heuser & Heuser of Colorado Springs. They can answer more specific questions and evaluate your case.