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Workplace accidents, taking place daily, could be avoided with proper employee training, proper maintenance of equipment, providing safe work environments and all by following the guidelines and rules provided by OSHA which govern the workplace. However, companies often trying to increase their bottom lines will not adhere to these guidelines causing serious injury and even death to their employees.
1) Non-subscriber claims arise when an employer does not carry Workers’ Compensation insurance coverage and an employee is injured or killed due to the employer’s negligence or the negligence of a fellow employee. The injured employee can recover directly from his employer for damages such as medical bills, loss wages, and pain and suffering.
2) Third Party Negligence claims arise when a worker was injured by the negligence of an employee of another company. Here the injured employee recovers from the third party for damages including medical bills, loss wages, and pain and suffering.
3) Wrongful Death claims involve an employee being killed while on the job due to the negligence of the employer, fellow employee, or the employee of a third party. The family of the deceased may make a claim against the responsible party. If the employer of the deceased carries Workers’ Compensation insurance, the employer or fellow employee must be guilty of “gross negligence”.
Every on-the-job injury or death should be thoroughly evaluated to determine what type of claim exists and against whom. On the job injuries are complex and involve a careful review of all the facts surrounding the injury or death to determine what remedies exist for the injured victim. DO NOT SIGN ANY PAPERWORK WITHOUT THE PRESENCE OF AN ATTORNEY!
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