Work Injury Lawyer Ontario: Claiming Compensation for Employees
Those Work Injury Lawyer Ontario through no fault of their own during the course of their employment should consult a specialist work injury lawyer who will advise them regarding their legal rights. It is normally necessary to prove that an employer has been negligent in failing to prevent an injury from occurring. In legal terms, any injury that is reasonably foreseeable should be preventable. Employers are also responsible for the behaviour of their employees, and if an injury has been caused by a co-worker they may still be liable. This principle is known as ‘vicarious liability’. Accidents may occur in every industry and profession. It is essential to engage a work injury lawyer with experience of compensation claims related to a particular profession. Lawyers normally specialise in a particular area of work injury law. This may be construction accidents, lifting injuries, industrial diseases, or slips, trips and falls in the workplace. The vast majority of compensation claims are settled before they reach court. Often an independent mediator will meet with both parties in an attempt to reach a satisfactory resolution at an early stage. This limits the costs involved in bringing and defending a claim. In the event that mediation fails and a case is bound for court, a barrister will be retained who will then be briefed as to the facts surrounding the claim.
Injured Worker (The Claimant)
Normally an Work Injury Lawyer Ontario worker (the claimant) will seek both general and ‘special’ damages from their employer. General damages relate to pain and suffering caused by an accident. Guidance exists as to the maximum and minimum amounts of general damages that may be awarded in particular circumstances. Large compensation awards usually reflect the fact that pain and suffering caused by an injury is ongoing and potentially long-term. Special damages are impossible to calculate, as they reflect the financial losses and expenses incurred as a result of an injury or illness. Essentially special damages are intended to restore an injured person’s financial position to as it was prior to the accident. They will cover the ongoing costs of medical treatment and care, as well as losses arising from time off work. The forced cancellation of a holiday or damage to property resulting from a work accident will also be taken into consideration when calculating special damages. General damages on the other hand seek to compensate a person for the physical effects of an injury or illness.
A Work Injury Lawyer Ontario will attempt to assemble all the facts and evidence surrounding an accident that has taken place. Claimants can assist in this process by taking photographs of the scene of an accident, the hazard which caused it, and the physical extent of an work injury attorney orange county. It is also important that the names and contact details of all witnesses to an accident are gathered, as their evidence may be crucial to the success of a claim. Accidents in the workplace should be recorded in an employer’s accident book, which they are required to maintain by law. It is also essential to seek medical attention at the earliest possible opportunity, so that a doctor can diagnose an injury accurately. Bartletts Solicitors’ team of work injury lawyers have experience with all types of work injury and illness compensation claims. We operate on a No Win No Fee basis meaning if you win your case you keep all of the damages awarded, and if you lose you will not pay a penny.