According to the Bureau of Labor Statistics and the National Institute for Occupational Safety and Health, 15 people die and 200 more are injured from work related accidents every single day in the US. In fact in 2007 alone, 49,000 employees died from work related injuries and 4 million workers were hospitalized and suffered injuries or illnesses. Workers compensation is employer’s protection against massive losses In cases of work related accidents, however the amount is usually not enough to cover for all the losses that the employee
have incurred because of the accident. In almost all cases, the jury always presumes that the accident was caused by negligence on part of the employer, which is why employers go out of their way to give their injured employee a huge settlement amount in exchange for waiving their rights to file a case. However, if you know the law, you wouldn’t grab the check and sign the waiver form. What you can do instead is to contact a lawyer.
Personal Injury Lawsuit
Personal injury lawsuit is very common for job injuries. Many victims of work related injuries feel like their companies do not understand how far the accidents have changed their lives and so seek for relief by filing a personal injury lawsuit to their company. Under the US legal code tort or civil lawsuit may be filed against another party that has caused damage to the plaintiff. In the personal injury lawsuit, these damages are usually paid in the form of money or services, in some cases. The amount of the lawsuit is usually a lot higher than what companies initially offer the victim.
Grounds for Personal Injury Lawsuits
In case of a lawsuit, your attorney will conduct their own personal research about accident. They will try to collects evidences and statements that negligence was conducted on the part of the defendant. Lawyers will also talk to your doctors and other medical staff to prove your medical claims. For example you were amputated or you had a mild fraction of the spine, lawyers would have to know the extent of these damages so that they could set a strong case against the company. Lawyers usually
work in conjunction with professional investigators that will gather enough evidences that will make your case stronger than it really is. They would have to establish either of the two most important things: premises liability or product liability.
Types of Work Injury Compensatory Damages
There are basically two types of compensatory damages: the monetary damages and non-monetary damages. Monetary losses include medical expenses, loss of wages and future wares, cost of living with disability, which include personal care, home renovation to make home more wheelchair accessible and nursing assistance. Non-monetary damages include pain and suffering for both physical and emotional distress and loss of consortium such as loss of affection, comfort, companionship, sexual relations and more. These damages entitle the victim to compensation. Each of these damages is paid to the victim and the sum of the settlement could reach to hundreds of thousands of dollars depending on the severity of the injury and the liability of the defendant. Lawyers can help you get what is rightfully yours to at least minimize your pain and get justice. Other than these, you may also sue for punitive damages.