Wednesday 26 September 2012

Three Conditions for a Successful Work Accident Claim


 
 photo credits: http://www.accidentsdirect.com/

In order to have a successful work accident claim, employees must generally prove a “preponderance of evidence” with three things:

First, they must prove that their employers owe them a duty of care. This is usually easy to show since most employers are understood to be responsible for maintaining the workplace safe, healthy, and free from foreseeable work accidents as much as possible.

Second, they must also prove that their employers have breached this duty of care. They can show that their employers have been neglectful of their duties and not kept the workplace secure. For instance, they can show that an office vehicle, where serious mechanical glitches have been spotted and reported, has been consistently ignored by their employer.

Finally, employees must also show that it is this breach of duty that is responsible for their injury. Continuing the former example, if because of the glitches in the office vehicle an employee gets involved in a car crash, then chances are high he or she can claim for compensation. However, if the crash was caused not by the glitches in the vehicle, but because the employee was drunk driving, then that employee might not receive any compensation at all.

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