Miscarriage at Workplace: Reasons It Can Happen, Legal Route, and More
Your partner has probably gone through a heartbreaking miscarriage due to a workplace injury they sustained. That’s why you want to get justice for the negligence and misconduct they faced while at work.
Do you want justice? Then, you need to first understand and analyze the reasons why prenatal harm can occur in the workplace. After that, you can check the legal routes and talk to a personal injury lawyer in your state. Once done, you’ll need to gather evidence for your claims before presenting the case in front of a judge.
In this blog, we will discuss everything you need to know about miscarriages in the workplace.
Why Do Miscarriages Happen at Work?
Did you know that miscarriages can happen when an employee is exposed to harmful substances? For instance, inhaling or ingesting chemicals like arsenic and lead while at work can significantly harm a fetus.
Other than that, improper working conditions are also culprits. For instance, high levels of work-related stress, long working hours, and overexertion can cause prenatal harm. Similarly, direct trauma from slip-and-fall accidents or collisions can lead to a miscarriage.
Other reasons include the negligence of the employers, co-workers, and customers. Your partner can suffer injuries from vehicle accidents, violence, etc. Sometimes, pregnancy discrimination can also be the reason behind reproductive loss.
Irrespective of the reason, most employers still don’t understand the gravity of the situation. For example, in California, a governor passed a law that only allows five days of leave after reproductive loss. Beyond that, the employees are not allowed to take paid time off and mourn the loss.
Even then, prenatal harm is categorized as a ‘serious health condition’ under the Family and Medical Leave Act (FMLA). That means if your partner experiences serious symptoms like abdominal pain and heavy bleeding, they can take unplanned leave. They can also take job-protected time off to physically recover and treat their mental health.
Can You Sue an Employer for Prenatal Harm?
Almost 20% of known pregnancies will end in a miscarriage. If your partner has suffered the same injury at their workplace, then you need to go through the legal route for justice.
For that, you’ll need a personal injury lawyer who’s registered in your state. For example, if you live in Los Angeles (LA), you should hire a lawyer who has passed the California Bar Exam. These LA personal injury lawyers will ensure that the state’s workers’ compensation laws are upheld. However, if the employer refuses to pay for the damages, they’ll take the case to court on your partner’s behalf.
According to Frantz Law Group, any personal injury lawyer will help gather compensation for the medical expenses, pain, suffering, and lost income. With their assistance, you can easily get justice for your partner’s miscarriage due to work-related incidents.
However, there are over 179,508 qualified personal injury lawyers in America, making it hard for you to find attorneys suitable for your case. That’s why you must look for a lawyer with multiple years of experience with similar cases, a good reputation, no upfront costs, and a high win ratio.
5 Tips to Win a Personal Injury Claim Against an Employer
Winning such a sensitive personal injury claim can be simple if you have proper evidence and a compelling case. For example, when you claim damages for the incident, you must prove that the defendants caused the injuries due to negligence. You should also prove that the injury is worthy of compensation, which can be easy in your partner’s case.
With the help of a lawyer, you can either negotiate a settlement with the employer’s insurance company or take the case to trial. To win the lawsuit, you and your partner must:
- Understand the nuances of a personal injury claim.
- Avoid negotiating with insurance adjusters without your lawyer.
- Gather evidence of chemical exposure, physical injuries, witness statements, CCTV footage, etc.
- Present proof of the medical treatment received due to the workplace injury.
- Avoid explaining or posting about the incident on social media.
In some cases, the employers might want to settle outside of court by offering a hefty sum. While this might seem simple, you should consult a lawyer before accepting. Sometimes, employers might offer less than what a judge or jury will order them to pay.
In conclusion, you should support your partner through this difficult time by seeking justice on their behalf. First, you need to determine the medical reason why they suffered a miscarriage at work. You can get help from a lawyer, talk to witnesses, check cameras, and visit the premises for proper analysis.
Once you’ve gathered the proper evidence, you can plead the case in front of a judge. But remember to follow the tips shared about winning a personal injury claim against an employer for prenatal harm at the workplace.
