Have You Had An Accident At Work?

Have you had an accident at work that wasn’t your fault and your too scared to claim the rightful compensation you deserve? You may be scared you may lose your job if you claim compensation from your employers but this cannot happen if it does you have a claim of wrongful dismissal, as well as your bosses being unhappy with you for this the list is endless. Many employees don’t claim their rightful compensation if they have an accident at work because there scared. Well you shouldn’t be, a good solicitor will explain all the facts involved in a claim and answer any questions you may have.

Accidents at work can be very difficult but to make a successful personal injury claim you need to show that your injuries have been caused by the negligence of your employer. If one of your colleagues has hurt you, your employer is also responsible for this. If any accidents do happen you need to tell your employer so they can make a note of it in the accident book.

Your employer, or the person in control of the work premises are required under RIDDOR-Reporting of Injuries, Diseases and Dangerous Regulations to report any work related accidents and any work diseases or any dangerous occurrences whatever it may be. It’s a legal requirement to report any of these accidents under RIDDOR act of 1995. The information that is passed on to the Local Authority and the Health & Safety Executive helps them help the employers to prevent other reoccurrences of the same accidents and reduce any other risks for all employees.

A work injury may be that of you have hurt your hands, hit your head something hit you on the head, got something in your eyes, burnt your skin, inhaled something bad for your lungs, hurt your spin or skeleton either lifting something heavy you hadn’t be shown how to lift. The most common causes of injuries from work are manual handling of heavy items, machinery or tools, exposure to hazardous chemicals, jewellery or long hair tangled in machinery, misuse or failure of vehicles and any inadequate safety training.

Not only are the above common causes but other hazards include: explosive chemicals, electricity, heat, height, gases and liquids, powerful or sharp moving machinery, flammable gases, poisonous gases, heavy structures, high pressure gas and liquids all of these can and may cause an accident at the work place.

If you have had an accident in your workplace and it wasn’t your fault you have a legal and civil right to claim personal injury compensation from your employees and don’t worry about being sacked from your workplace if you claim compensation because they can’t sack you because of that its wrongful dismissal.

If you have had an accident in your workplace and it wasn’t your fault you have a legal and civil right to claim personal injury compensation from your employees and don’t worry about being sacked from your workplace if you claim compensation because they can’t sack you because of that its wrongful dismissal.

Jene is the Webmaster of Accident Consult who specialize in http://www.accidentconsult.com

————

Additional Personal Injury Information for Consumers

• Legal Definitions
• Personal Injury Articles
• Personal Injury Lawyers
• Lawsuit Funding
• Personal Injury Questions

Hurt Your Back Lifting At Work – Claim Today

Are you in agony with your back, have you injured it lifting products, metal whatever at work. If so you may be entitled to claim compensation against your employer.

Back injuries in the work environment are fairly common, and back injuries can be a tricky part of the body to get better due to fractures and sprains causing permanent weakness in the persons back.

All work environments may involve some lifting and if this is true then every employee should do some manual handling training. This will involve being shown how to lift a variety of different objects from the floor, trolley and lifting from higher shelves. Any manual handling training should be recorded on your training record. If your employer doesn’t give you the training necessary for the job you’re doing and you do hurt yourself lifting an object off the ground, you may be able to claim compensation for the suffering you may have been caused, the medical costs and bills and also any loss of earnings.

Here are some tips to help you avoid back injuries whilst manual handling objects:

• Your employer should make sure you undertake manual handling training

• You should take care when you do lift something to stop yourself from hurting your back

• Before you lift any object consider

o The weight of the object
o Can you use a trolley or another item to help you without needing to manual handle the object
o Do you need help with moving the object, ask if you do
o Work as a team if you do need help, get someone to watch you lifting it also
o Do you need any protective clothing on for example, gloves which protect your hands, steel capped boots to protect your feet etc?

• When you do lift the object you should:

o Use the correct lifting technique for the size and location of the object
o Lift the object in stages, take it from the floor to your knees then lift into the carrying position
o Make sure the object is level with your waist when moving and hold it close to your body
o Don’t have the object obstructing your view so you can’t see where your going
o When you come to set the object down, lower the object to your knees and then place on the floor keeping your feet apart and your back straight

Never over reach or twist as this is a common cause of serious back injuries, if you follow the instructions above they will help you be able to manual handle objects without the need to cause yourself back injuries.

If unfortunately you’ve already injured your back at work lifting objects, a solicitor who specializes in personal injury and work accidents will be able to help you claim the compensation you deserve.

A No Win No Fee solicitor will take on the case if the accident was in the last three years and that they think you have a very good chance of claiming compensation from your employer. If you are successful in claiming compensation you will receive the full amount and your solicitor will gain their legal fees from the other party’s insurance company. If you are unfortunate not to win they won’t get paid a penny. So what you got to lose, claim Today!

Jene Pedder is the Webmaster of Accident Consult who work on a No Win No Fee Basis and specialize in Back Injuries at Work.

————

Additional Personal Injury Information for Consumers

• Legal Definitions
• Personal Injury Articles
• Personal Injury Lawyers
• Lawsuit Funding
• Personal Injury Questions

Making the Best of a Bad Situation: How to handle on-the-job accidents

Regardless of your occupation, you are more likely to be injured at work than away from work. Work-related injuries account for the vast majority injuries. According to the Occupational Safety & Health Administration, in 2002, there were 5.3 cases of occupational injuries per 100 workers, with 4.7 million injuries and illnesses among private sector firms. Despite the prevalence of work-related injuries, many employers and workers have misconceptions about how to handle on-the-job accidents. The most important aspect is communication. This means reporting the accident, whether you are the worker reporting the accident to your employer, or the employer reporting the accident to your workers’ compensation insurer. Many of the problems associated with workers’ compensation claims arise because the injured worker fails to timely report the accident. In many cases, symptoms of serious injuries do not appear until the next day. If you are involved in a work-related accident, report it immediately to your employer, even if you do not think that you are hurt or you feel your symptoms are minor and will go away after a good night’s rest. Insist that your supervisor complete a written report to document the accident. What may seem like a little back sprain may develop into a serious injury that your doctor will not be able to diagnose until months later.

As an employer, you should create a work atmosphere that encourages your employees to report accidents immediately. Many company whose employees are involved in heavier labor and thus are more likely to be injured on the job, have safety policies that emphasize the importance of early reporting. However, such a policy is also important for those work environments where on-the-job injuries are less likely, such offices that only employ clerical workers.

Here are other basic rules about workers’ compensation. Under Louisiana law, the injured worker is entitled to obtain treatment from the physician of his choice. The worker may seek treatment from one physician in each area of medical specialty related to his injury. The employer is obligated to provide all medical treatment related to the injury.

If the injury prevents the worker from performing his duties, he is entitled weekly disability benefits once his injury prevents him from returning to work for seven days. The weekly disability amount is two-thirds of the employee’s average weekly wage. For full time hourly employees, the average weekly wage is the hourly wage rate time the average of the actual hours for four full weeks of employment before the accident, or forty hours, whichever is greater. However, the law provides for a maximum weekly benefit that increases each year based on the earnings of all employees working in Louisiana.

If the worker is released to return to work, but has medical restrictions that prevent him from earning ninety percent of his pre-accident average weekly wage, he is entitled to two-thirds of the difference between what he was earning before the accident and what he able to earn after. One of the biggest misconceptions is that employee’s weekly benefits will be automatically terminated if he is released to return to work. If, for instance, he returns to work at light duty based on his medical restrictions and is only able to work forty hours without any overtime, the employee may be entitled to disability benefits in addition to his wages to make up the difference.

Any disputes arising out of workers’ compensation claims are resolved in a special court within the Office of Workers’ Compensation by judges with special training in workers’ compensation claims. This is a special administrative court that only decides workers’ compensation disputes between employees and employers, or other matters related to workers’ compensation claims. However, unlike other administrative courts, the decisions of OWC judges are appealed directly to the courts of appeal.

Good communications, early documentation, and a clear understanding of the basic tenets of workers’ compensation will lead to less anxiety for those involved in any work accident. An on-the-job injury can be a life-changing event for the injured worker, and pose serious productivity problems for the employer. Employers are better served by treating their employees fairly and creating an environment where work-accidents are reported early and dealt with properly.

www.coxcoxfilo.com

Personal Injury Lawyers

723 Broad Street Lake Charles, Louisiana 70601 Telephone: 337-436-6611 Toll Free: 800-256-2827

Kevin L. Camel kevin.camel@coxcoxfilo.com Education: University of Southwestern Louisiana, B.S., cum laude, 1987 Loyola University School of Law, J.D., 1992

Practice Areas : Personal Injury; Admiralty and Maritime Law; Workers’ Compensation

Membership: Southwest Louisiana Bar Association, Louisiana State Bar Association, Association of Trial Lawyers of America, Louisiana Trial Lawyers Association, Judge Albert Tate Jr. Inn of Court

———————————————————————————————————————

NEED A Lawyer? Check out our Lawyer Directory!

The Employers’ Obligations on Workers’ Compensation

Primarily, employment law covers all rights and obligations within the employer-employee relationship – be it the present employees or former employees. Due of the intricacy of employment relationships and the complexity of situations that may occur, employment law entails legal issues as varied as discrimination, wrongful termination, wages and taxation, and workplace safety; therefore, many of these issues must be governed by applicable federal and state law. However, a valid contract should be agreed upon by the employer and the employee – stating contract law alone may present and hereby impose the rights and duties of the parties. Evidently, all employees have basic rights in the workplace, which include the right to privacy, fair compensation, and freedom from discrimination based on age, gender, race, national origin, or religion.

Needless to say, among all those aforementioned rights and privileges, the employees’ compensation as well as all the benefits and incentives should be prioritized. Indeed, it is a responsibility of the employer or owner to give to a worker or employee a fair, rational, reasonable and ample salary or wage. Having such good camaraderie or relationship among employees and employers presents and offers great benefits to both parties. First, for the employees, through monetary benefits, incentives and rewards, they will be more inspired and motivated enough to perform their tasks and duties, or work at their best. Second, for the employers, motivated and enthusiast workers would mean good manpower and would eventually generate superior income and profit. To add, being an employer demands a strong application of social responsibility that begins with compensating his workers, laborers or employees promptly and sufficiently. As responsibility has become a commitment and an attitude, which should be innate and personal, its mere implementation or application justifies its genuine meaning and essence.

Furthermore, righteous employers need not to retaliate against those employees who somehow decided to divulge the malpractices and unworthy practices that the higher authorities are performing. This unlawful act, however, may be a ground for an employee to file their case in the proper government agency to seek relief and protection causing more problems for the employer. These instances are covered by the anti-retaliation provisions the False Claims Act of 1986 which aims to provide refuge to those whistle blowers and prevent those unruly employers from continuing their unfair labor treatment. Sanctions may be applied to them if the discriminated employee was able prove his points in the court. These may include reinstating him to a higher position in the company, endowing him compensations such as double back pay, interests, financial damages and even the cost of his attorney’s fees.

Nonetheless, it is much better to give due courtesy and respect to the employees civil rights rather than to face predicaments as the result of being retaliated by the law itself. The Labor law applies to both the workers and the employer; whosoever are culpable committing unjust and unfair actions is worthy of such punishments as provided by the law.

Our Los Angeles Accident Attorneys specialize in all fields of personal injury, business law, social security, and employment cases.

Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.

———————————————————————————————————————

NEED A Lawyer? Check out our Lawyer Directory!