How Does a Personal Injury Claim Work?
According to a 2006 report from the United States Bureau of Labor Statistics (BLS), the annual average employment in private companies reached over a hundred million people. Out of this figure, about four million of the employed population suffered from an injury at the workplace. If you know the law, you know that these people can receive compensation from their employers to cover medical bills and expenses while they are gone from work. While some employers readily oblige, there are those who don’t follow this rule. What happens when an employer refuses to pay the damages? An employee can file a personal injury claim, that’s what happens.
Every year, U.S. courts receive tens of thousands of personal injury cases. In most of these, the plaintiff sues the defendant for a particular amount of money to be used for both medical costs and personal damages. So does this mean that anyone who suffers an injury at the workplace can sue his/her employer for this? This is actually a very common question among employees. It’s important that you first get to know the legal grounds that constitute this case. Knowing these things equip you with the rightful knowledge that can help you when you’re building your case. Keep in mind though that personal injury in the workplace is just one of the many instances that a person can claim for personal injury.
What are the legal grounds for personal injury claim? The grounds are primarily based on the idea of negligence. For example, if a construction site head failed to provide enough training to his/her employees or a supervisor didn’t conduct the regular fire hazard assessment in the workplace, and a serious injury arose from any of these negligent actions, then an employee can sue for personal injury. A person can also have a cause to file a personal injury claim if he/she is able to prove “strict liability.” This means that a manufacturer of a defective product is to be held responsible for the risks and dangers the product posed to the customer. Under “intentional wrongdoing” a person may also charge for assault and battery.
Other examples of personal injury claims include medical malpractice, legal malpractice, use of defective products, vehicular accidents, dog attacks, wrongful death, slip and fall injuries, workplace illnesses and injuries, catastrophic injuries, tort, plane crashes, truck injuries, motorcycle accidents, brain damage, boat and ship accidents, slander and libel, burns, electric shocks and nursing home abuse. In every state, there is what you call “statute of limitation.” This refers to the duration of time that a person can make a claim for monetary damages. If the claim is made even just a day after the statute of limitation, the case will not be accepted by the court and the complainant will not receive any monetary compensation from the defendant.
Because of this, it’s imperative that you’re able to file the complaint as soon as possible. Get in touch with a personal injury attorney and lawyer.
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