As you go about working at your workplace, there is always a risk that during the course of carrying out your responsibilities, you might get injured. This is especially true for professions that involve heavy machinery or generally hazardous situations.
As tragic as it is to be injured and temporarily incapacitated due to the negligence of others, it is no reason hope.
If even after notifying the employer you are not given the compensation owed you, then the next step to claim your due is to file a personal injury lawsuit.
But before you pursue the lawsuit, there are some things that would be helpful to know.
Legal Time Limits
Timing of the lawsuit is very important. State laws have laid down a set of rules that govern the time limits regarding lawsuits. These laws differ depending on the state.
While filing a lawsuit in any city of Florida like Boca Raton or West Palm Beach, you must make sure to file it before 1 year and 3 months from the day of the incident. In case the defendant in the lawsuit is a medical practitioner, then you will have 2 years and 6 months to bring forth the lawsuit.
For a lawsuit to be viable in a court of law, it must not have been filed later that 3 years after the prime incident cited in it.
Manner of Injury
Another deterministic factor when it comes to personal injury lawsuits is the type of injury in question. Depending on whether it is an injury that leads to permanent disability or if it’s an injury that causes temporary disability.
By examining the full extent of the life changes you might have to suffer as a result of the injury, you and your attorney are better able to draw up a lawsuit that demands justice for your suffering.
Reach out to
www.meltzer-taylor.com for professional advice.
Proving the cause
In work related injury lawsuits, it is imperative to prove that the injury was caused as a direct result of the employer’s negligence and while performing work duties.
In case it is not established that the employer is directly or indirectly responsible for the victim’s injury then court may free the employer from all obligations to pay compensation.
The employer is only liable to pay compensation for damages incurred while conducting work related responsibilities. These damages may occur as a result of any of the following reason:
Many times defects in a machine are the prime reason for an accident that causes an injury at the workplace.
If the machine causes injury to an employee both the employer and the manufacturer can be held responsible.
The responsibility to make sure that all machines being used by the workers are safe and hazard free lies with the employer. Failure to carry out this task will surely result in penalties.
In such a scenario the employee can sue the employer or the manufacturer outside Workman’s compensation scheme.
Intentional Injury by Employer
If an employee is hurt or injured by his/her employer then that employee is eligible for compensation. Additionally if the employee so chooses, he/she can also initiate fitting legal action against the employer.
Exposure to Toxic Substances
When an employee is harmed in any way due to exposure to hazardous materials or due to hazardous work conditions, that employee file a lawsuit for compensation and even further legal action against the employer for negligence.
The compensation provided takes into account the extent of injuries of the victim and the resulting loss of pay due to incapacity to work. It also factors in the treatment costs and even the companionship of the spouse that the victim may have suffered as a result of the injuries.
While filing a personal injury lawsuit in Fort Lauderdale or anywhere else in South Florida, the counsel and representation of an experienced personal injury attorney may prove invaluable. Oftentimes, in order to ensure adequate compensation is delivered to the victim, state funds may be harnesses by the court.