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In this scenario, the third party’s insurance would be responsible for handling the cost of their safety shortcomings. Here we have provided information about which claim option would work best under particular circumstances: The main difference between workers’ compensation and personal injury is proving fault. When you are injured at your workplace or off-site while carrying out work-related tasks and decide to file a workers comp claim, you don’t have to prove that your employer, co-worker, or any other party caused the injury.
This is exactly what this type of coverage is for. It’s meant to protect workers who become injured in any way, since even if the injury was their fault, they would not have been injured if they were not on the job working for someone else. If you decide to go with workers’ compensation, you will not receive anything outside of economic costs, for example pain and suffering, but you may recover damages such as medical expenses, weekly compensation for wages, permanent impairment benefits, and vocational rehabilitation.
workers) - Personal injury lawyers. In fact, anyone who is injured due to the negligence of another is eligible to file a personal injury lawsuit, including workers. But in order for an injured worker to recover damages through this more broad route, they must be able to prove that another person or party was at fault or negligent, and caused the injuries.
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Unlike workers comp damages, personal injury damages are compensatory, which can include medical expenses, lost wages, loss of future earning capacity, and damages for pain and suffering resulting from the injury. Notice how workers comp does not allow for this non-economic area of recovery. A person injured at work may be able to successfully file a personal injury lawsuit when the: injury involves a defective product, which would allow for a claim against the product manufacturer; employer’s conduct was intentional or obviously likely to cause serious harm or death; injury involves a toxic or illegal substance; employer fails to carry workers comp insurance or didn’t because they were not technically required to; injury was caused by the negligence of a third-party that doesn’t work for the company.
Someone who incurs an injury due to the negligence of the property owner in question is entirely entitled to compensation for their sustained damages from the accident. Liability for slip and fall injures may arise based upon the defendants control or ownership of the premises where the injury occurred. For example, if a company rents their building for office space but does not own it, they still might be at fault for any and all accidents that occur due to safety violations; which would be under their jurisdiction at the time of the incident in accordance with their exclusive control of the interior of the rented property.
Lack of negligence is the main bargaining chip in a personal injury lawsuit stemming from a slip and fall claim. Simply, the insurance company will argue that their client was not responsible for the incident that caused the injury. In addition, they can claim that they were not negligent in creating the hazard before the injury occurred and that they exercised due diligence and reasonable care in lessening or dealing with all dangers that could cause injury.
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A good example of when a personal injury claim may be a good option after a work injury is with an auto accident. If you were driving for work when you were injured, you may be able to file a claim against other parties that were responsible for the accident.
Navigating the legal mazes that crop up when one has to deal with a work accident claim can prove almost impossible without an experienced personal injury lawyer at your side. Insurance companies have all kinds of strategies they like to employ to make sure they pay the least amount possible to a plaintiff.
To better understand your case and which option is the most suitable for your situation, contact Dolman Law Group with one of the options below or email me at Jack@dolmanlaw (Injury lawyers).com to evaluate your legal options. Dolman Law Group800 North Belcher RoadClearwater, Florida 33765 For much more in-depth information on workers comp, click the link below: .
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Anyone who has ever driven near an 18-wheeler or large commercial truck knows how tense and nerve-racking it can be. Commercial vehicles are so big, so heavy, and so hard to stop that one wrong move could cause a tragedy (Workers Comp Lawyer). Unfortunately, truck accidents do happen — and more frequently than you might realize.
Department of Transportation reports that more than 100,000 Americans suffer injuries in large truck accidents each year. Another 4,000 are killed. Too often, these accidents are the result of preventable negligence, either by the truck driver or the company they work for. If you have been injured a truck accident in White Plains, Manhattan, or anywhere else in New York, you may be entitled to financial compensation for your damages.
Sadly, the trucking companies and their insurance carriers do not always step up to the plate and do what’s right. As we will see in the sections to follow, the insurance companies are not on your side. They tend to oppose truck accident claims aggressively. On your own, getting the full and fair compensation you deserve can be a challenge.
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We have a long record of standing up for our clients and getting them the financial justice they deserve. We take these cases personally, and we fight for our clients as we would fight for our families. We would like to help you navigate the claims process and protect your best interests at every turn.
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