Work accidents are inevitable. You don’t have to work in an assembly factory or in an inherently dangerous industry to be exposed to an accident on the job. The definition of a work accident is any accident that happens to an employee during the course of his work. One of the controversial exceptions is if the accident occurs while the employee travels or commutes daily to work.
The law has many details and sometimes it isn’t easy to determine if an accident occurred during the course of the job or not. An example is if the driver of a vehicle decides to stop to get coffee while on a route and falls while getting out of the vehicle. In this case, the law considers that although the driver stopped to get a coffee on his own, this accident is considered a labor accident. However, if the same driver decides to go out of his route to take care personal matters, and suffers an injury, the law does not consider this a work-related accident. If you or a relative have suffered an accident on the job, it’s very important for you to consult with a lawyer as soon as possible to determine if you have the right to remuneration. Grupo MedLegal has doctors and lawyers who can help you with a free consultation.
Recourses the Employee for Receiving Temporary Disability Payments
A group of states, New York among them, offers short-term payments for temporary disability to all employees who qualify for benefits. The short-term disability benefit is for employees who have suffered injures outside of work, or who have temporary health problems and cannot come to work for a time. A classic example is when a woman gives birth.
In the state of New York, when an employee has an accident or suffers injuries while on the job, the employee can receive compensation through workers’ compensation insurance. The vast majority of employers are obligated by law to have this insurance. The employees are forced to accept the limits of compensation that this insurance imposes on them, but at the same time guarantees that the company, or industry, does not go bankrupt if it suffers many lawsuits, laying off all workers. This is the type of law that partially sacrifices to a minority to protect everyone.
Claim to Third Parties
The best way to obtain temporary disability is if there is a third person (entity) responsible for the work accident that has caused you a temporary disability. Following, you can see some scenarios in which third parties are responsible:
- The maintenance company responsible for keeping the work facilities in safe conditions. If the owner of the building where your company has its offices doesn’t fix a hollow in the carpet of the floor where you walk, or doesn’t use a sign to warn that the restroom floor is wet while they are cleaning and you have an accident
- The company that manufactured the seats where you sit to work every day delivered a defective seat and you fall and are injured.
- A FedEx, UPS or Postal Service employee drops a heavy package on your foot and your injured.
Lawsuits against third parties are usually very costly and delicate because large companies have groups of attorneys that will do everything possible to deny culpability. You need a group that not only has good experience and reputation such as the MedLegal group, but also has a good financial position from which to go up against big assets.
What Can You Get Back in these Cases?
- Medical treatment
- Payment of partial salary for time absent from work due to your injury
- Re-training if after returning to work, you cannot continue to do the same type of work
- Temporary interruption to life