Month: November 2015

Any kind of injury or accident that causes physical or psychological harm to a person as a result of another person's act of negligence, incompetence or failure of duty, is referred to as personal injury in law terms. The affected person is entitled to monetary compensation for any financial losses resulting from such, costs incurred for treatment, or for loss of ability to earn their livelihood. This is achieved by making a personal injury compensation claim in a court of law with the help of professional personal injury attorneys whom you can now easily go online to find and hire, while at the comfort of your home. Personal injury law is also known as Law of Torts.

A court of law may grant compensation to the plaintiff only if certain conditions are fulfilled in the personal injury claim. The first condition is proof of injury-causing negligence on the defendant’s part. Negligence is usually evaluated and proven based on four main factors which are; violation of duty by the defendant, the injury of the plaintiff was a foreseeable consequence of the actions of the defendant, the defendant owed the plaintiff something, and if an act of the defendant directly caused injury to the plaintiff.

The second condition is strict or absolute liability. This is where a defendant is held liable for the personal injury of the plaintiff regardless of their intent or negligence. This is usually applicable in situations where a manufacturer produces and sells harmful products, or when a service provider offers services that cause harm to their clients. A personal injury lawyer is able to prove strict liability using factors such as breach of duty or obligation, causation and damage and the expected duty of the defendant.

The third and final condition is proof of intentional torts. This is purposeful cause of injury to the plaintiff by the defendant. If you read more you'll discover that intent of harm can be further divided into several categories some of which include; General harm such as intent-battery, Specific harm such as assault and rape, or Transferred harm such as slander and libel.

If one of these three circumstances is proven beyond reasonable doubt, then the plaintiff is awarded personal injury compensation by the court.

It is always great to understand your options if you get hurt while on the job, in most cases you will receive workers compensation (Workmans' Comp), if this is the case then you will not be able to file a lawsuit against your employer, you will go through the states's administrative workers compensation agency.

1.Workers Compensation

Workers compensation is simply sacrificing the right to sue your employer in exchange for benefits for work related injuries with disregard on who is at fault, workers compensation is a type of insurance that provide guaranteed benefits and wage replacement by relinquishing your right to sue.

It will pay for your hospital bills and necessary medical expenses to diagnose and treat the injured person, not only that but it also provides disability wages while you can not work, this is normally around two-thirds (2/3) of what you normally receive for pay, sometimes it will also pay for other types of benefits.

Workers compensation does cover most types of injuries from work, though it does not cover every type of injury such as.

*Intoxication while on the job.
*Being affected by illegal drugs while on the job.
*Self-Harm (fights, hurting yourself).
*Injuries while doing something illegal.
*Injuries not on the job.
*Injuries while violating work policy.

It will cover injures such as

*Company event injuries
Say John decides to play darts while having a little too much to drink while sponsoring an event for the company and somehow gets a dart stuck into himself, it'll most likely be covered by workers compensation despite being intoxicated on the job.

*Travel job
Traveling salesman and you fall and break your leg while rushing to meet a client, you'll probably be covered.

You may bypass the workers compensations system and sue your employer for a number of reasons like


*Emotional distress
*If your employer intentionally hurts you.
*Injury by defective product
*Injury by toxic substance

You can read more about work accidents if you click here.