Insurance Claim

Posted on 5/15/13 by Pat Maloney

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.

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Posted on 4/12/13 by Pat Maloney

Construction is a dangerous line of work. In fact, according to the Bureau of Labor Statistics, in 2011, it was the second most dangerous industry in the country, second only to transportation. There were more than 700 construction-related fatalities that year and, on average, four out of every 100 workers suffered an injury. Because of the high rates of injuries and fatalities associated with this line of work, there is an employer responsibility to provide employees with a safe, hazard-free work environment.

The Occupational Safety and Health Administration even outlines several standards and practices for employers in the construction industry to follow; these address everything from equipment and tool maintenance to fire safety precautions and first aid. Failure to follow OSHA’s standards for employer responsibility can result in a citation, fine, or jail time.

Workers can also do their part to keep the workplace safe by:

Putting up all tools and equipment safely and securely after using them.Never operating machinery or equipment they are not trained to handle.Always wearing protective gear, including gloves, a hard hat, closed toe shoes, and more.Reporting any unsafe conditions immediately to a supervisor or the local OSHA office.Fully inspecting scaffolding and ladders before climbing up.Being careful when getting on or off equipment, especially near roadways or on slopes.Never working while under the influence of alcohol or drugs.Always lifting with the knees, not the back.Knowing where all first aid kits and fire extinguishers are on site.

If you were injured on a construction site because employer responsibility was not met or because of the negligence of a coworker or other third party, you could be due worker’s compensation or have grounds for a legal claim. Call 210-226-8888 to discuss your options with an attorney at the Law Offices of Pat Maloney today.

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Posted on 5/20/13 by Pat Maloney

No matter what type of industry you work in, there is an inherent employer responsibility to provide you with a safe and hazard-free working environment. Your employer should establish and enforce workplace safety protocols and abide by all standards set forth by the Occupational Safety and Health Administration, or OSHA. Failure to do so can result in dangerous and even life-threatening injuries and accidents to you or your fellow workers.

OSHA and Employer Responsibility

According to the Occupational Safety and Health Act of 1970, all employers have a responsibility to provide a “safe and healthful” workplace. In order to ensure this, OSHA has established hundreds of safety standards for employers to abide by. There are specific standards set forth for employers in the construction, maritime, agriculture, and recordkeeping industries. If an employer does not comply with OSHA standards, they can be issued a citation and, if the error is not corrected, even face fines or jail time.

When Injury Occurs

Even though there is employer responsibility to provide a safe workplace, this unfortunately does not always happen. In fact, according to the Bureau of Labor Statistics, in 2011 alone, there were nearly 3 million workplace injuries and 4,600 job-related fatalities in the United States.

When a worker is injured on the job, they may be eligible to apply for workers’ compensation benefits or, if their employer does not have workers’ comp coverage, file a civil claim against the at-fault party. If a worker is killed in the line of duty, their survivors may be due the benefits of these claims instead.

Getting Help

Were you hurt on the job because your employer failed to provide a safe workplace? Then you could be due compensation through workers’ comp or a civil claim. Call the Law Offices of Pat Maloney today at 210-226-8888 to begin discussing your legal options.

View the original article here