Friday, February 27, 2009

Personal Injury Compensation Claims in the Workplace

Every employer is required by law to carry insurance to compensate an employee or employees who are injured or fall ill because of a work-related situation. Workers compensation is compensation you receive in a situation regardless of whose fault it is. Certain benefits will be available to you for injuries that you might have sustained after the accident like burns, broken limbs etc., but which have healed sufficiently to enable you to resume work. Compensation is also given if you resume work but your productivity is compromised. Workers compensation is different to State Disability Insurance. State disability insurance covers injuries and illnesses that are not work-related. An application for workers compensation must be submitted within one year of the date of injury or illness.

Generally when raising a claim you will be required to outline the facts of the case and the circumstances prevailing which caused the injury. This could be an employer's log, a first aid record, the evidence of witnesses present etc. If necessary you might be called upon to give evidence against the employer though there is some reluctance in this field.

Normal accidents of a minor nature are well settled and norms have been clearly established. Applications for compensation in such cases are speedily disposed of. Generally a delay occurs when one or the other party raises a dispute.

In event of death even remotely attributable to your workplace, the defendants of the decedent will receive compensation of an amount that is variable and depends upon circumstances.

Compensation for work injuries is not a punitive system. An employer is not being penalized for the incident. Rather it is a means to compensate the worker.

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