Making legal claims is always a tricky business. When it comes to one’s safety and health, any type of injury is cause for concern. Yet, not all companies see it that way. They tend to classify injuries and deem certain injuries less important than others. To an injured worker, it may not feel like a less important injury. As such, one is allowed to make claims based on an injury. The question is–can you make a claim in regards to what would be considered a minor injury?
The Difference Between a Major and Minor Injury
To start, let’s talk about the difference between injury types. A major injury is generally an injury that can cause severe complications, such as amputations, severe trauma, or broken bones. Some of the types of injuries include slip and falls, bruising, and sprains, as well as equipment injuries and accidents. In short, major injuries will tend to land one into more dire straits, and require more help during recovery.
Minor injuries are more simplistic in nature. These cover the rest of possible injuries that can occur within the workplace, such as paper cuts and scratches, or simple bumps and bruises from everyday work. They will often not be seen as a major incident, and usually fly under the radar, since they are also things that we deal with on a regular basis at home and such. These are still incidents which are able to be reported to management, but they are often dismissed.
Can Minor Injuries be Claimed?
Now that we’ve determined what minor and major injuries are, it is time to determine if a minor injury can be claimed. In most cases, it comes down to where you live or work, and what you are filing for. Technically speaking, any injury can at least be reported to your supervisor or higher-up in the company. However, to file a claim for a minor injury is a bit trickier. To successfully file, you must be able to determine how the injury occured, and if the minor injury has a chance of becoming a major injury.
This is because, for a claim to be fairly successful, there must be a higher likelihood of the injury becoming something more prominent. For example, a cut on the hand may not seem like such a big deal in the short-term view. However, with enough time and without proper treatment, the cut can possibly evolve into loss of function or severe deformity. As such, when attempting to file a claim for a minor injury, try to figure out if you have a valid claim through understanding what the injury fully is.
The Best Way to Determine Routes of Filing
Keep in mind – each state is a bit different when it comes to filing a claim for a minor injury. Each state is able to have varying laws on how it handles such cases. This can even be brought down to specific company level filings, and as such, one must read carefully into how the process can be completed through the company itself first. The best solution to this is to ask an experienced lawyer that has a history of helping those with injuries in the workplace. They will be able to help you determine if you even have a case, and if it is fit for a claim for the injury, even if it is a minor injury. Again, you can always attempt to file a claim for a minor injury, the process just might be a bit longer of a stretch than imagined.
If you are still struggling to decide whether you pursue your injury claim, contact our attorneys to help you make a final decision.