Workplace Injuries: Do You Deserve Compensation?
By Webb Ward
Posted: 31st March 2014 09:21
Workplace injuries can lead to disastrous consequences. A worker injury might imply that the concerned employer has not been able to create safer work conditions for employees. There are different types of workplace injuries sustained by individuals. As you go further through the post you would be duly acquainted with the dynamics of these types of mishaps.
If you're injured at workplace, you would generally be entitled to receive damage awards under the employer's workers' compensation insurance. However, there are certain exceptions to this norm whereby you're entitled to sue your employer or others related to your work for the damages that resulted in your injuries. Read on to explore these exceptions further.
Injury Compensation Beyond the Existing Workers' Compensation Structure
- If your job requires you to work with toxic substances and you're injured in the process then you can file a lawsuit against the manufacturer of that particular toxic substance.
- Similarly you can file a case under the products liability law in case you have sustained injuries or wounds while working with defective products
- You can fight for compensation even when your employer is not carrying a workers' compensation insurance or else when you're “injured” by his perceivable and intentional misconduct.
However, don't expect to benefit too much from the workers' compensation in the wake of temporary or permanent disability. In these cases the payment remains low as it won't be rewarding you for pain and suffering. It means that the compensation structure followed by most of the companies doesn't even reward you punitively. So it’s important for you to make yourself aware of your rights to pursue a particular case outside the existing worker's compensation structure.
The fight for the right rewards involves a long struggle ahead. It becomes difficult for the victim or his family to run from pillar to post for money with the serious injury and its aftermath to deal with. Hiring a New York personal injury lawyeris a sagacious move in this regard. He can help you build a strong case with the help of a thorough study of the situation at hand (which includes studying the proofs, assessing the merit of the case and evaluating the compensation that you deserve).
How Can You Help your Case?
As a responsible plaintiff you should make sure that you're offering optimum cooperation to your attorney to make it easier for him to evaluate your case and ensure positive results. Here are some of your key responsibilities as a claimant:
- Seek necessary medical attention immediately after sustaining an injury. A personal injury case is a long battle and it’s important for you to be fit enough to fight that battle. Maintain a record of the medical bills
- Try and gather all potential proofs to facilitate the future of the case
- Keep a written record of everything that has happened at the site during, before (and if possible, after) the accident
Make sure that you are keeping all the aforementioned and other necessary documents handy so that they can be provided to your lawyer whenever required.