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Employees: Protecting Your Rights and Getting Compensation for Workplace Accidents

Posted on May 31, 2012 by Fast Lawsuit Team

An employer has the responsibility to provide a safe and secure workplace for its employees. The employer is expected not just to secure the premises, but also to provide safety devices, safe equipment, training on safety guidelines and safety measures based on compliance to an industry standard. Employers are also expected to provide hazard warnings in the workplace.

However, workplace accidents do and still happen. Offices, factories, mines, construction sites and agricultural operations are filled with busy people going about their responsibilities and are prone to falling objects, employees tripping on materials, electrocutions, falls and other mishaps. A brick falls on the head of a construction worker. A machinist and cuts off his hand. A boiler machine explodes and injures several workers. Employers are required to get workers’ compensation coverage so that it will cover for lost income and medical bills resulting from a workplace accident. The coverage excludes any compensation for pain and suffering.

If your employer fails to provide coverage for workers’ compensation you can sue the employer in order to collect for the compensation from the employer itself or from a state fund. There are also instances where you can file a personal injury lawsuit against your employer based on its conduct and whether the damage was done on purpose (i.e. the employer’s acts were so grossly negligent that it can be considered intentional or it may actually be intentional). A personal injury lawsuit provides compensation that is over and above what can be expected from the workers’ compensation insurance, which can be quite small as compared to the actual expenses and losses you may incur as a result of an injury.

Third Party Lawsuits

However, claiming for workers’ compensation is not your only recourse. If the injury happened in the workplace but was due to the fault of a third party aside from you, a colleague or your employer, you can still file for damages under a “third party” claim.

Some instances where a third-party claim can be made include:
- Compensation for defective products. You can sue the manufacturer for a defective product that caused injury while you were in the workplace. A product may be considered defective under the following circumstances:
o Design defect. The design of the product itself is hazardous.
o Manufacturing defect. There was a mistake or error during the manufacturing process that resulted in a defective product.
o Marketing defect. The manufacturer failed to provide sufficient warning labels outlining the risks involved in the product.
- Exposure to toxic substances. If you are exposed to a toxic substance and suffer injury as a result, you can sue the manufacturer of the toxic substance or the manufacturer of the containers/safety devices that are meant to secure the toxic substance. This includes short term and long term injuries caused by the toxic substance.
- Premises liability. You can sue the property manager or owner of your workplace if your company is renting that place from another party. This includes accident caused by slips and falls.
- Accidents caused by a third party. This pertains to personal injury while you were on the job but were a third party’s fault. For instance, while making deliveries for the pizza joint he works for, Ken is rear-ended by a driver who was driving while texting. Ken can sue that driver for damages.

The compensation outlined in the lawsuit includes payment for lost wages, compensation for job loss, compensation for medical expenses, therapy and adaptive equipment, as well as payment for pain and suffering.

Help for Your Financial Needs

During this difficult period (while you are recovering from the personal injury and you are managing the stress of a lawsuit), you can turn to lawsuit funding for access to ready cash you can use at your time of need.

A lawsuit loan can be particularly helpful if you have already ceased to be in the company’s employ and can no longer find work due to your injuries. It can also help tide you over when your workers’ compensation settlement is slow in coming or you are forced to cover the medical expenses on your own.

The lawsuit cash advance can give you with money to pay your bills, cover hospital expenses and pay for court-related costs. This lawsuit funding provides you with money without having to go through the hassle of applying for a loan. The cash from the settlement loan is only payable upon the settlement of the lawsuit. If the lawsuit fails to settle, you are not obligated to pay off the money.

 

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