The idea of workers’ compensation is brought forth with a situation that neither the employer nor the employee particularly enjoys. After all, workers’ compensation claims are filed due to the worker in question sustaining a debilitating injury as a result of an accident at the workplace. The incident of some employees unjustly filing for workers’ compensation has happened but the opposite effect, of the employers then unjustly withholding rightful compensation from the employee, has also been an unfortunate incident that only many people are familiar with.
The website of attorneys Wilson & McQueen, PLLC states that employees are eligible to claim compensation if they suffer an accident at the workplace due to the negligence of the employers. Employers are then encouraged to fastidiously screen their employees before they begin working for the business, according to the available information on the website of preemployment testing experts at WorkSTEPS, in order to prevent accidents.
For example, if the job requires for the employee to be in consistently hot or cold conditions or requires a lot of heavy lifting, the prospective employee must be in sufficient physical condition in order to properly cope with the stress that the job demands. There must be transparency on both ends for there to be fairness on either side.
However, there are some employers that will plead against playing due recompense, claiming this reason and that as to not granting the rightful claims that the employee does have. Perhaps it was a construction accident on grounds that were not safe, to which the employer had not informed the worker thereby resulting in a disability or even wrongful death, in some cases. The physical damage is there, yes, but the incident could incite trauma that is felt psychologically by both the victim and the victim’s family, not to mention the financial expense that then burdens the victim.
If you or someone you know’s right to workers’ compensation is being withheld without justifiable reason, it is advisable that experienced legal assistance is sought immediately.
There is a saying that is familiar with most professionals who practice in the field of law: ‘ignorantia juris non excusat’; translated, it reads: ignorance of the law excuses no one. Still, some people think they can be negligent and ignorant and think those circumstances as an appropriate excuse when it isn’t. The decisions made out of negligence can cause significant damage not just to the doer of the action but also the victims who just so happened to be there – and these victims are thereby, as is so stated by the law that has been ignored by the guilty party, warranted to file for legal action in the form of personal injury.
On the website of the lawyers with LaMarca Law Firm, personal injury is the legal term for any injury that is not done onto owned property or the estate of the person but to the person themselves – whether the injury is to the body, to the psyche, or to the mind. Some cases of personal injury are so devastating that the injured can be forced to quit his or her job permanently, or be so disabled that they need to be specially cared for all the rest of their lives, or (the worst possible scenario) die because out of an incident that could have been and should have been avoided.
The aftermath of a tragic incident that causes personal injury can be more than what most people think at first, as is stated in the website of experienced personal injury attorneys with Habush Habush & Rottier S.C. ®, as there is not only the physical aspect of the incident that needs to be taken care of but there is also the financial expense that this kind of situation demands.
There is a lot of stress that can be due to something like this and, really, the only thing that the victim needs to worry about is their steady and consistent path to recovery. This path can be paved smoothly and successfully with the help of the right kind of legal help.
An injury can involve so much more than just the physical pain.
There is also the stress and fatigue that are results of the financial expenses as well as the emotional or psychological trauma that the victim may have sustained when the incident that caused the accident had occurred. Pursuing legal action is, of course, an action in order to make sure that the party that caused the inciting incident can be made accountable to the damage that their actions have caused. The legal term for an incident that has caused to a person instead of property is called ‘personal injury’.
The website of personal injury lawyers of Williams Kherkher states that there are several different situations to which this legal term branches out into, such as situations involving car accidents, defective pharmaceuticals, asbestos exposure, wrongful death among many other like them. A case may even be composed of several different kinds of personal injury, which can only further complicate the situation.
However, as there is no federal law that encompasses the entirety of the United States of America, there are state laws in place that can sometimes have significant discrepancies that are relevant to the particular case. There is also the statute of limitations, as a Rhinelander personal injury lawyer could brief you about, that is the amount of time wherein a private individual may file a civil complaint from the time of the incident itself.
It is of the utmost importance, then, to seek immediate professional assistance from experienced lawyers who can ensure that the legal proceedings follow through as seamlessly and smoothly as possible. If you believe that your situation constitutes as a circumstance of personal injury, it is advised that a personal injury lawyer is contacted first before you do anything official, as it is always the most appropriate course of action to wait on the advice of someone more knowledgeable than you at this trying time.