Workplace Accidents: Proving Employer Responsibility
When you’re hurt on the job, you may be eligible to seek compensation and payment for your medical bills through a workers’ compensation claim. In filing this type of claim, there is no need to prove employer responsibility or liability in your accident. You simply must meet a few basic requirements.
Workers’ Comp Claims
Workers’ compensation is a no-fault type of insurance coverage. It is not necessary to prove employer responsibility when an accident occurs.
In order to be eligible for workers’ comp, you must meet these requirements:
Your accident and injury must have occurred during the course of employment/You must not have willfully caused your own injury out of misconduct, intoxication, or recklessness.Your employer must carrier workers’ compensation insurance.You also must notify your employer of your intent to file a claim within 30 days of the accident. Otherwise, you will lose your right to workers’ comp benefits.
Civil Claims
If your employer does not have workers’ compensation insurance, you can still seek compensation for your injuries, lost wages, and pain and suffering if you’re hurt on the job. You may even be due punitive damages if the accident occurred out of significant negligence or recklessness.
To seek these damages, you would need to file a civil claim against the employer, coworker, or third party who caused the accident. In this case, you may need to prove employer responsibility or negligence in order to win the claim and be compensated.
Determining Next Steps
When you’re hurt on the job, it’s always best to consult a legal professional. They can advise you as to the type of claim to file – either workers’ comp or a civil one – and assist you in filing and proving your case, if necessary.
Were you injured at work? Call the Law Offices of Pat Maloney at 210-226-8888 today to get started.
The tragedy of a devastating car accident can strike anytime, anywhere – and anyone. The worst part of being the victim of an accident is that the person who was not at fault often suffers as much if not more than the driver of the vehicle that caused the wreck. If you have been involved in an accident, a car accident attorney in Corpus Christi can help you get the settlement you deserve and help you get your life back on track.
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Everyone at Brunkenhoefer Law Firm would like to express our deepest sympathies for the victims of the catastrophic fertilizer plant explosion in West, Texas, this week. The blast, which happened at about 8 p.m. Wednesday night, has devastated the small town of West – and shocked the entire nation. The news of this tragedy, occurring as it did just one day after the Boston Marathon bombings, came as an overwhelming blow to an already grieving nation.
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