Lawyers and accidents at work How is the employee protected?
In the law there is a specialization, who is responsible for enforcing the rights and duties of workers as well as companies. Those lawyers, who want to specialize in it when they graduate, must study labor law . In such a way that they can make demands or get clients to defend who have suffered an accident at work.
In addition to the fact that the work accident lawyer must ensure that the injured person receives the necessary medical attention and that the company responds. For any surgical or pharmaceutical care in the case of recovery by the risk insurance that the company has for its employees. Guaranteed in the law, which protects the worker in these cases.
In the same way, guarantee that the worker does not lose any of his rights to salary at the time of recovery. Until, he is fit to return to work.
What is an accident at work?
Occupational accidents are those involuntary and sudden events , by nature, what happens in the workplace or outside it. But what, involves the health of the worker or any injury they suffer. Any disturbance can enter this concept, which does not allow the citizen to continue exercising for a long time or perhaps in a more extensive way.
According to the laws of each country, there is a labor law that protects the duties and rights of each worker. Although they can vary a bit in their endings they can basically be the same.
Objective of labor law
It will always be based on the definition of the concept of protecting the worker , the actions that must be carried out are the following:
- You must assert the rights and duties of both the employer and the employee. An agreement to bring an injured worker to compliance can be reached through a workers’ compensation attorney.
- Try to maintain the aspects for the requirement of the employer’s contract with the company. Because now probably for a long or indefinite time can not meet working hours . You must analyze very well, how is the common agreement that can be reached between the two.
- It is possible that the company does not want to respond for a labor accident, that is why it is the labor accident lawyer who is in charge of regulating the conflicts . Since, if not, they must send to go to trial and leave the decision in the hands of the court.
What is not considered an accident at work?
This is a very recurring question, because many people do not consider an accident at work when they are and want to place an accident at work when they are not. That is why we must understand what is not considered an occupational accident if it happens outside the company , when the worker has a permit in any way. Since the worker would not be performing his functions.
The assistance of lawyers for work accidents is very necessary every day. Since people cannot defend their own rights, before the corresponding entities.
What is a compensation attorney?
In some countries, the term compensation is widely used, because it is used by lawyers who seek to protect the guarantees of a worker or employee, who has an accident or injury. In such a way that the compensation lawyer is in charge of guiding them in this enormous process, from the moment it occurs.
Since, in the laws that protect the worker , he is only given a 120-day guarantee to assert his rights , to communicate and report the injury he has suffered to the company or directly to his employer. But this same must be in a formal way, with the correct procedure, in such a way that it is recorded.
We should not wait to have an accident at work to look for this type of information if we do not have to anticipate much before these unfortunate unforeseen events happen. In such a way that we are 100% protected in addition to knowing how to act, at the time of an accident at work.
How much can I receive for an accident at work in the United States?
Everything depends on the accident and the injury that the worker has, in addition, although the figure is stimulated, it includes the cost of medication for the worker’s recovery . Since normally, medical care is provided to the risk insurance that employees have. However, depending on the accident that occurs and there is no termination of life, then the minimum will be governed by approximately $20,000. This last figure mentioned for cases, common or «routine».
But in much more extreme cases, which affect the ability to work, you can get up to $100,000, however you should always have the management of a lawyer for work accidents.
The company will always seek to economize, despite the fact that it wants to comply with the law for them, these unfortunate cases , depending on the magnitude of the company, can be considered as losses, which probably causes them to lose for a month at the breakeven point, in case of that it is a company that is just beginning.
How is work injury pay calculated?
It is necessary to repeat, that in all cases depending on the location where the method to calculate it will be different. But they are quite approximate, since the worker’s law is framed more in concepts of protection than in numbers . We can say that the payment for work accidents, a work accident lawyer calculates it as follows:
- 100% of monthly income (what you receive in your account regardless of whether they are bonuses) this will be multiplied by the percentage of disability to which will be added the people that the worker has in his charge as «family dependents» and the same In this way, 20% compensation will be added, for the other psychological years that the worker may have suffered due to the accident.
In any case, lawyers in work accidents should be sought immediately. Although injured cannot do so, some of his relatives will look for him, to protect the rights of work. It is recommended that it be done from the first day, so that the company begins to respond for all the guarantees that it should be given.