Posts

Showing posts from May, 2020

Workplace Accident – Who to Blame?

Image
Workers’ laws evolve by the day. Those once-lenient legislations currently impose stricter rules to check increasing employee-employee exploitations. Currently, all employers should create a safe and conducive working environment for all workers. Failure to do so makes hirers liable for penalties and citations, which may become full-grown lawsuits. Discuss workers compensation lawyer Lancaster PA if you wish to make claims against your employer for on-the-job related accidents. Legal Liability While your employer must provide a hazard-free work environment, some accidents are not entirely their fault. If, for instance, an employee’s accident is substance abuse-related, the firm has no blame, per se. Except where toxicology results say otherwise, the injured worker has breached the terms of employment and may face relevant sanctions. However, since the incident occurred within the work environment, the employer will still provide necessary benefits to the injured pa

Workers’ Compensation – Not Same with Personal Injury

Image
Workers’ compensation and personal injury laws have a common purpose — to compensate an injured party. These legal provisions are both designed to ensure accident victims do not pay for injury-related bills with their funds. That said, these concepts have some differences. This article helps draw a fine line between worker’s compensation and personal injury. These considerations are needful for differentiating workers’ compensation from personal injury: Who Caused Your Injury? If you sustained an injury in the line of duty, you might be eligible for worker’s compensation. Such damages may include, for example, one suffered from an industrial machine in a manufacturing plant. In some cases, such injuries may not be linked directly to one’s typical office functions. For example, you would qualify for compensation if you sustained an electric shock from an exposed wire, dangling within the workplace. Provided it happened at the workplace, the sufferer is eligible

When Workers' Compensation Covers Auto Accidents

Image
Employers owe workers a safe workplace. If an employee sustains an injures, the hirer —often, through an insurance company— pays due compensations. But what if an employee suffers injury from an auto accident during a work-related trip away from the workplace? Workers Compensation for Auto Accidents To be considered an auto accident victim for workers' compensation, the accident must have happened during "company time." This means it must have occurred while on a company assignment. If, for instance, a company driver got injured while driving a company vehicle, it'd be assumed the accident happened while at his typical job routine. Workers' compensation system recognizes the following accidents: · Driving between two work locations. · Running work-related errands — such as making company deliveries · Driving another worker on company assignment · Paid travel duration from home to work site. While some exceptions apply, these are the fir

The Impact of Fault or No-Fault in a Personal Injury Lawsuit

Image
The ‘Fault’ concept can be a lot confusing in a personal injury lawsuit. While it’s one thing to know who’s to blame for your injury, how the insurance handles it can be tricky. Insurance companies’ response to personal injury cases varies across states. You may consult experienced attorneys in Lancaster PA , for an in-depth overview of Pennsylvania’s personal injury laws. Personal injury insurance states are grouped into two: fault and no-fault states. Before you file a personal injury lawsuit, first, answer the “who is at fault?” question. Filing for damages starts with knowing who has the blame – and with facts that make them at fault. At-fault Insurance – Explained Fault is a form of liability. For compensation, the injured must provide enough evidence that proves the accused’s negligence caused the damage. Four Elements of Negligence Negligence refers to a failure to show care in interaction with people or properties. Legally, negligence is a non-intentiona

Mistakes to Avoid While Filing a Workers Comp Claim

Image
The next line of action after an on-the-job injury can be somewhat confusing. Such confusion, too often, leads to mistakes, grave enough to ruin your workers' compensation claims. Before we discuss the mistakes, noteworthily, all Pennsylvania employees qualify for workers' compensation. The exception, however, include: · Longshoremen · Casual laborers · Sole proprietors · Railroad workers · Federal employees · Agriculture laborers · Volunteers · Domestic workers Besides the workers' compensation benefits, these categories of workers may qualify for FECA and related benefits. Domestic workers may also consider obtaining their personal workers' compensation insurance. That said, the following may ruin your chances of a workers' comp · Delayed Reporting of Injury Regardless of how minor the damage seems; timely reporting increases your chances of receiving compensation. In Pennsylvania, for example, an injury must be reported within

Common Causes of Construction Accidents

Image
An accident could result in any injury that causes bodily harm. In other cases, an employee, based on the nature of work, can contract an occupational disease – an undesirable health state caused by prolonged exposure to unhealthy elements –like chemicals – within the workplace. In such events, affected workers are due for compensation. If you experience such workplace health threats, consider hiring a top workers compensation lawyers in Lancaster, PA to walk you through the legal processes. That said, construction workers are widely susceptible to fatal accidents. Among the large numbers, about 40 percent are falls-related. These common causes account for about 60% of total construction workers’ deaths: · Caught between objects · Electrocutions · Struck by object · Falls Factoring the hazard construction workers face, employers should help their employees stay safe from danger. Construction Accidents – Falls Although the most common cause, construction acc

Workplace Injury Laws for Independent Contractors or Freelancers

Image
While being one’s own boss can be fulfilling, too often, freelancers are not considered for workers’ compensation benefits. Do Lancaster statutes consider independent contractors or freelancers for workplace injury compensation? What are the legal options as a freelancer? What are the rights of a freelancer? What if an injury wasn’t your fault, but your employer’s? Read on. If anything seems unclear, feel free to leave comments or discuss your concerns with the best workers comp attorneys in Lancaster, PA . Here’s an overview of workplace injury provision for independent contractors or freelancers. First, Protect Yourself After a severe accident, immediate medical assistance is the next most logical step. But this involves money. Regardless of who’s at fault, typically, it can take many months, or even years, to get workers’ compensation. Since you’d be paying for your bills out-of-pocket, that’s a substantial financial burden. Typically, freelancers and indepen