Injuries at work, although common in both theory and practice, continue to be the cause of many disputes between employers and employees.
For this reason, in the continuation of this guide, we will bring the relevant aspects of this topic closer to the general public and thus facilitate the understanding of the implications that accompany an incident such as an injury at work.
In practice, many employees lose the opportunity to recompense for any loss owing to a misunderstanding of their rights, while employers sometimes face misdemeanor or even criminal responsibility for unlawful action in such circumstances due to ignorance.
With this text, we will do our best to help the employee, precisely in order to understand the situation and the applicable regulations, and we will tell you the six things you need to do in case you experience a work-related injury.
Make An Agreement
The best solution is an agreement on compensation for damages, and since this is an out-of-court agreement, the advantages are obvious: there are no delays, court costs, or uncertainty. The help of a lawyer is desirable.
Start Judicial Proceeding
If you and the employer cannot reach an agreement, you or members of your family can exercise your rights in court by filing a lawsuit. As it is a lawsuit for damages, it can be filed within three years from the day of finding out about the violation.
The procedure for compensation of damages is conducted according to the rules of general civil procedure. In order to determine the degree of reduction in your general life activity and the suffered physical pain, it will be necessary to hire an expert (a doctor specializing in medicine in charge of treating the consequences of the employee’s injury) and to assess the intensity and duration of mental pain. You will also need to hire an expert in the field of neuropsychiatry. Last but not least, you will need a legal representative experienced in this field. If you live in Tennessee, you can consult a workers compensation lawyer in Morristown who will guide you through all the legal complexities following a work-related injury. In the procedure, the court determines the amount of total material damage suffered by the injured and assesses the amount of fair satisfaction paid for the non-material damage suffered.
How To Know If You Are Entitled To Compensation?
The condition for the employer to be obliged to pay damages is for the court to determine their responsibility. The employer will not be liable if they prove that your injury was the result of force majeure (a cause that was outside the employer’s property or activities and whose effect could not have been foreseen, avoided, or eliminated).
Request Salary Compensation
If an injury occurs at work, the salary compensation will be provided by the employer for the entire duration of the temporary incapacity for work of the employee.
If your employment is terminated while using the salary compensation due to an injury at work, the payment will be provided by the state fund from the day of termination of employment.
The amount of salary compensation provided either from the employer’s funds or from the funds of the compulsory insurance is 100%.
What If The Injury Is Fatal?
If the death of an employee or severe disability occurs due to an injury at work, the members of the employee’s immediate family are entitled to financial compensation for mental pain. The person who supported the deceased is also entitled to compensation for the material damage they suffered, and this damage is compensated by paying a monetary annuity. If circumstances change, the court may reduce or increase the annuity.
Request Pension Or Disability Insurance
The Law on Pension and Disability Insurance provides for the right to financial compensation in the case of bodily injury caused by an injury at work.
If an injury at work or occupational disease has caused you to lose your ability to work completely, you will be entitled to a disability pension under the conditions provided by law.
If you meet the legal requirements, you can exercise your rights under the Pension and Disability Insurance Fund. If a work-related injury or occupational disease has occurred due to a failure to take appropriate safety and health protection measures at work, the Pension and Disability Insurance Fund will demand compensation from the employer.
Keep in mind that this text is of an informative nature, and there is a possibility that the regulations were changed after its publication. An employment lawyer can help you with more detailed and precise information on the issue you are interested in. Stay safe!