As you go about working at your workplace, there is always a risk that during the course of carrying out your responsibilities, you might get injured. This is especially true for professions that involve heavy machinery or generally hazardous situations.
As tragic as it is to be injured and temporarily incapacitated due to the negligence of others, it is no reason hope.
If even after notifying the employer you are not given the compensation owed you, then the next step to claim your due is to file a personal injury lawsuit.
There are however, some things that you must keep in mind.
An important consideration while filing a lawsuit is its timing. Depending upon which state the lawsuit Is being filed in, the rules about timing may vary.
In Boca Raton or the County of West Palm Beach, the laws provide a period of 15 months to file a personal injury lawsuit. If the lawsuit is against a medical practitioner then the period is extended to 30 months.
The upper limit when it comes to the timing of the lawsuit is three years for an adult in Florida.
Another deterministic factor when it comes to personal injury lawsuits is the type of injury in question. Depending on whether it is an injury that leads to permanent disability or if it’s an injury that causes temporary disability.
By examining the full extent of the life changes you might have to suffer as a result of the injury, you and your attorney are better able to draw up a lawsuit that demands justice for your suffering.
Establishing a Cause
When suing an employer for injury compensation it is essential that the cause of the injury points to employer liability without any doubt.
This implies that if the cause of injury cannot be proven to be the employer’s fault then the injury lawsuit will not hold up in court.
The employer is only liable to pay compensation for damages incurred while conducting work related responsibilities. These damages may occur as a result of any of the following reason:
Defects in Machines
To err is human and imperfection is part of human nature thus once in a while a defective machine may be sold to industries or individuals.
If the machine causes injury to an employee both the employer and the manufacturer can be held responsible.
All machines being used by the workers as part of their work duties must be serviced timely and regularly checked for defects. It is the employer’s obligation by law to do so.
In such a scenario the employee can sue the employer or the manufacturer outside Workman’s compensation scheme.
Injury Caused by Employer
In case an employer intentionally injures an employee then that employee is not only eligible for worker injury compensation but can also pursue other legal action against the employer.
If, as a result of exposure to hazardous substances at the workplace, an employee’s health is affected in any way, he has the right to demand health compensation in return for the carelessness of the employer.
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The compensation provided takes into account the extent of injuries of the victim and the resulting loss of pay due to incapacity to work. It also factors in the treatment costs and even the companionship of the spouse that the victim may have suffered as a result of the injuries.
If you are filing a lawsuit in Fort Lauderdale an experienced South Florida personal injury lawyer might be of help when it comes to the complexities of filing the lawsuit. Most times the compensation offered may not be adequate and the state may come in with such funds as Social Security Disability Fund or Supplemental Security Income.
If you are injured in a car accident on the way, that is not considered a workplace injury, obviously, but you may be able to seek compensation from the other driver and his insurance company. In this case you will want to seek the counsel of a Boca Raton Car Accident Lawyer.