Comparing the number and frequency of injuries to people – occupational injuries rank second, just behind those in traffic. However, when it comes to the effectiveness of compensations in such cases – we have to conclude that it is still lagging in terms of scope and implementation technique.
Why is that so? The most common cause is the carelessness of employers who do not insure workers against injuries at work. On the other hand, there is insufficient awareness of the working population and a lack of willingness to hire a good lawyer.
Injury At Work
An occupational injury is harm caused at work and in connection with work. For compensation, it does not matter whether the damage arose from a legally established employment relationship, or when certain work is performed on behalf of another person or a company. This damage may occur in all forms, according to the general rules of liability for damage. We usually classify it as material damage and non-pecuniary damage.
Intangible (Non-pecuniary) Damage
This is a legally recognized violation of an intangible asset, with various manifestations. It is awarded in monetary and non-monetary form. However, the most common forms of non-pecuniary damage compensation are awarded in monetary terms. However, we will deal more with the classic, that is, material damage.
Material damage is the damage suffered by a person in his goods and his legal interests. It can be compensated in many different ways.
1. The cost of medical treatment
This implies any demonstrable cost that the injured party has in connection with their treatment. This includes buying medicines, paying for medical examinations, surgeries, medical supplies, etc.
2. Transportation costs to and from the treatment site
As a rule, the court requests that such expense must be proved, either by invoice or by other justifiable means.
3. The cost of enhanced nutrition
As a rule, in the case of serious injuries or damage to health, the injured person is subject to a special diet. This means eating a special type of food, a vitamin diet, etc. – therefore, such diets require higher cash benefits. This cost is demonstrable in court proceedings only through expert witnesses, which is through the mediation of medical experts.
4. Costs of care and assistance to the injured person
While healing is in progress, the assistance of another person is sometimes needed. Other persons may be parents, siblings, spouse, children, or any person who may be engaged for this purpose. While healing is ongoing, engaging others for the injured party is a cost. You must also prove such damage in court.
5. Lost earnings to the injured party
Until the termination of treatment, the injured party is entitled to compensation for damages in the form of lost earnings due to temporary absence from work. Even unemployed persons are entitled to this type of benefit. The amount of this damage is different, and its amount is conditioned by the ability of your legal representative
6. Cash annuity
Serious injuries in some cases cause permanent to impair in the work capacity. Therefore, in some countries, the law grants the injured party the right for monthly rent. The durability of such payment lasts as long as their reduced working capacity lasts – which is usually for the rest of their lives. This type of compensation can be paid in a single amount without the obligation of the insurance company to pay you this reimbursement for the rest of your life.
Pay attention! You may leave such or similar compensation claims only to experienced attorneys who are skilled in this field of law. According to Foyle Legal, very often even the injured parties themselves are not sufficiently aware of what their rights are and what types of compensation they can obtain. The practice has shown that in most cases, even the courts are not sufficiently familiar with this subject. Therefore, as a consequence, a long duration of proceedings, reversals of judgments, or even the loss of this extremely large monetary satisfaction occurs.
7. Damage or destruction of clothing or personal items
Easily demonstrable, provided that the legal representative is contacted promptly to provide the correct instructions and orders.
Unfair Employer Relationship
In many cases, injured persons at work are handicapped in advance. It is because they have to turn to their employer for fair compensation, instead of insurance. The employer always strives to spend as little of its profit on the workforce as possible. Therefore, any injury that entails the right to compensation is an unacceptable expense. We must also add the fact that many workers are not properly registered and insured. This creates an additional problem.
That is why it is important to know the following things.
Things You Need to Know
- In case of an injury at work, the employer is liable on the principle of objective liability. This means that he is always obliged to compensate for the damage caused – unless the injury was caused by the intent or gross negligence of the injured worker himself. This means that it does not matter whether the worker is duly reported or not.
- If a collective insurance policy has been concluded, payment on this basis does not dispute the right of the injured party for compensation, nor payment of this amount affects the amount of reduction of compensation due to the responsibility of the employer.
- In all cases of injuries, the injured party must provide a minimum of evidence that can establish the link between the performance of the work and the damage suffered. Any document from the competent medical service, state authority (inspection, police) or employer (occupational safety) – as well as the testimony of a witness, may be used as evidence.
As a rule, the employer has the appropriate support of law offices which may perform other tasks necessary for the normal functioning of the company. Therefore, it is recommended that the injured employee engage professional help. You must be aware that it is unfounded to assume that without professional help, you can rely solely on your knowledge. Therefore, contact a reliable law office that will find an effective way to exercise your full rights.