Workplace injuries: How and when to ask for compensation

Workplace injuries can arise in different scenarios. Some scenarios include the execution of a specific task for which were hired and during the work schedule. Accidents like falls, stumbles, happening due to the use of specific tools or chemicals, under certain circumstances, can make a person eligible for monetary compensation.

At times, injuries can be severe. Long-term diseases, like cancer or chronic illnesses, can be developed and even cause death.

There are people who are not aware of their rights in this kind of situation, especially if they’re working in a country to which they migrated and have no documents proving a legal presence.

Is frequent that employees feel afraid to report this type of accidents due to fear of being fired, deported, or having the idea that they can’t demand anything due to their migratory status. There are companies which take advantage of these situations, providing damaged gear required for specific tasks, not providing gear at all, having facilities in poor state, or sending their employees to unsafe places.

It’s important to be conscious that, before situations like these, there is something to do to make rights being respected.

Any person, independently from his/her migratory status, sex or ethnicity; can ask for compensation if suffered a workplace injury.

Eligibility for Workplace Injuries

First thing to have in mind is that the injury must have been within the company’s facilities. It must have been caused by tools malfunctioning, lack of required gear, poor state of facilities, handling of harmful chemicals, or lack of information.

Not receiving guides about potential danger, or being asked to participate in an activity out of those to which was hired can, also, make a person eligible for compensation.

It’s necessary that the accident wasn’t caused by negligence of who will be asking for compensation.

Those who developed long term diseases, like cancer or some chronic illness, due to being exposed to certain chemicals during long periods can also be eligible for compensation.

Workplace injury compensation process

It’s necessary to have medical records, information about the workplace, and to detail, as much as possible, what happened when talking to a legal assessor to prove that, effectively, harm was suffered caused by an accident linked to the workplace. The legal assessor will carry out the research.

Compensation contemplates wounds and harms to physical integrity, monetary losses during the time the accident disabled the person and medical expenses related to the accident.

Start a Workplace Injury claim

At The Mendoza Law Firm, assessment to start a Workplace Injury claim is free of charge. Our legal team is ready to solve any doubt.

When it’s about fighting for compensation linked to workplace injuries, initial payment is not required. If you win, we win.

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