As a rule, when applying for a job, the employee is instructed. Before you put a signature in the “listened” column, you must carefully study each item of safety. This is often neglected. The result of this relationship is workplace emergencies. In American law, there are clear procedural requirements. Before you ask for compensation for your injury, you need to consider a few points. There are two main factors in which a claim will be approved:
The employee must be officially employed at the enterprise.
It is necessary to have evidence that the injury was received in the workplace.
These factors are a kind of guarantee in obtaining compensation. However, there are nuances in which one hundred percent failure is possible injuries sustained intentionally, as well as alcohol intoxication during an emergency.
First steps! What to do after getting injured? Find a good Lawyers in New York and take advise against panic. If a person remains conscious and can move around, it is necessary to ask the management for the appropriate form and step by step to tell about the incident in writing. A copy of the report should be kept in case of trial. These actions will help resolve the issue of compensation as soon as possible.
By law, in most states, every business has an insurance fund to compensate employees. The request for reimbursement, in essence, is a request for payment of insurance. In this case, such a procedure does not involve a lawsuit. The employee receives a fixed cash bonus and waives his claims to the employer.
The law can also provide enticing bonuses – reimbursement of salaries during treatment and vocational rehabilitation. Payments vary from state to state. In some, the employer commits itself to pay for re-profiling, childcare expenses, accommodation, and transportation. However, such an offer does not always suit the affected party.
In the classical sense, it is considered to be two main types of compensation. First of all, treatment aimed at restoring health. Already after the “vocational rehabilitation.” First of all, this applies to employees who will no longer be able to return to their jobs.
There are types of injuries involving the denial of payment. First of all, those that cannot be recognized immediately. For example, an employee who experienced pain shock continued his activity, and after some time he realized the essence of what was happening. This includes diseases (cancer) acquired in hazardous industries. Injuries are resulting from mental and physical stress caused by an increase in the number of working hours.
The injuries received during lunch or a corporate picnic is also in doubt. In this case, you must seek the help of a legal specialist. It is almost impossible to independently payout under detailed circumstances. A lawyer can even figure out the most complicated case and guarantees to receive the widest range of benefits from an unscrupulous employer.
There are many examples of Brooklyn New York Workers Compensation. We have gone through a great research for you to provide you the best information and found out a great example of the young worker who was paralyzed from his neck during the companies work and got compensation in millions. Just go through the example once and you’ll get to know exactly how this all happened.
A worker paralyzed from the neck down due to a severe neck injury received compensation in the amount of $ 21.7 million. The injury occurred during the performance of work at the Pepco facility in 2013 due to an electric shock from a transformer accidentally left turned on. Then, in 2013, in the state of Maryland, the victim filed a lawsuit against the Pepco company, insisting on the fact of negligence on the part of the defendant.
Palomino, who at the time of the accident was not even thirty, is now under round-the-clock medical care and needs devices that artificially support functions that can no longer be carried out by his own organs. According to court documents, from the moment of injury Palomino exists thanks to long-term intensive life support equipment, periodically falling into critical condition.
In addition, he underwent multiple medical procedures, including skin grafting. The lawsuit filed by Palomino was based on the assertion that the company Pepco showed negligence, not turning off the electrical voltage and not providing adequate control. The medical equipment required by Palomino includes an artificial respiration apparatus, as its own lungs are too weak to perform respiratory functions on their own.
The jury awarded Palomino the payment of $ 35.9 million, but this amount was reduced to $ 21.7 million due to the limit in Maryland for compensation for non-economic damage. Initially, the jury awarded $ 15 million in compensation for non-economic damage, but later this amount was reduced to $ 770 thousand. The jury also awarded about $ 19 million to cover medical expenses, $ 1 million in future salary loss compensation, and $ 1 million in compensation for past medical expenses and salaries.
Pepco took responsibility for the incident in advance. According to the documents, Palomino was not a qualified electrician and had no experience in high voltage facilities.