Sunday, December 12, 2010

Workers Compensation Laws

New York personal injury lawyer of Silbowitz, Garafola, Silbowitz, Schatz and Frederick are highly effective and skilled with many years of experience serving the greater New York area. Results oriented personal injury lawyer and accident lawyer. Contact our attorneys at 347-577-9440 for free consultation regarding your personal injury claim.
  
When a worker suffers an injury or is killed while doing his job and the result of that was caused by something related to the job that person does, there is a compensation for the damage caused.
Where there are four or more employees that suffered an injury there is no need to probe the Employer’s fault. 

SLIPS AND TRIPS AT WORK
This is one of the most common accidents a person can suffer while in work, the worker can get compensation only if the trip or fall wasn’t his or her fault.  The injury suffered has to be caused by a defect in the building or something the worker couldn’t prevent. Once a claim is filled the worker has to probe that a person with common sense will have suffered the same accident. The other thing that has to be probed is that the injury happened while this person was in his work place.

What is difficult in these cases is to probe how exactly the accident happened; you will need witnesses of the accident who can be co-workers. In this case the sued companies generally have a group of lawyers that take care of this claims, the company will try to probe that the accident was the victim’s fault or try to give that person a compensation before the claim is introduced, usually they try to pay less before the victim can obtain legal counsel. Because most people don’t know how much they can get in compensation in these types of injuries they accept what the company is offering them.

The most common injuries in slips and trips at work are: bruises, broken bones, concussion, and in very rare cases brain injuries, fatalities. 

The legal compensation will depend on the degree of the injury. The days that this person will have to skip work are paid by the company that the victim works for.

The compensation covers all the medical treatment that the victim needs and an amount of money for the experience suffered. The jury will determine the amount of the compensation. It is preferable that the amount the victim is seeking is 130% higher than the cost of all medical expenses.

When filling a personal injury claim sustained at work, time is very important, the sooner the better. In some states there is a time limit for this type of injury claim.

WORK DISEASES
Unfortunately there are many diseases in work that occurs after a person has contact with industrial substances. If the employer has exposed the victim to harmful substances and that contact has developed in to a disease, the employee can fill an injury claim for compensation.

The responsible for this type of diseases is the employer, because is the person who is in charge of the worker’s security and health while employees are working.

These are very serious injuries that can result in fatalities. The compensation for these types of personal injuries is higher than the ones suffered for slip and trips accidents because the harm is more serious compare to the other type of injury. The victim’s suffering is greater and the recovery process is more complex. And there is a greater risk in the worker’s life.

For example, how can you measure the incapability of a person? For example, if a woman can no longer give birth to a child. That’s why the compensation in these types of cases is more significant than other types of personal injuries.
New York personal injury lawyer of Silbowitz, Garafola, Silbowitz, Schatz and Frederick are highly effective and skilled with many years of experience serving the greater New York area. Results oriented personal injury lawyer and accident lawyer. Contact our attorneys at 347-577-9440 for free consultation regarding your personal injury claim.