Can an Employee Claim for a Personal Injury When Working From Home?

Published on: 16 December 2020 Last Updated on: 22 July 2024

The modern digital workforce has changed the way employees work or rather from where. The recent COVID-19 Pandemic has shown that working from a remote location isn’t a luxury anymore.

However, even when employees are based in a home office, it doesn’t mean that accidents can’t happen. So what happens if your staff member is on the clock and gets injured while working?

Company Legal Responsibility

The question is if one of your workers gets injured during work hours, is your company liable? According to law experts at flcrimedefense.com, the short answer is yes.

When working from home, employees are entitled to the same worker’s comp benefits as their office-bound colleagues. As an employer, the fact that you have no control over your employee’s remote workspace conditions is irrelevant. Any injuries must be reported to your insurer.

A licensed adjuster will determine the coverage and benefit eligibility. As a business owner, you’re responsible for providing a safe work environment. It’s regardless if it’s at your premises or a remote location.

Criteria for Work-Related Claims

Of course, no one expects you to take the employee’s claims at face value. Some questions will help determine whether a home sustained injury was work-related. The three main things that workman’s comp will want to know is:

Were you as the employer benefiting from the employee’s actions when they got hurt?
Did the company require the individual to engage in the injury-causing activity?
Did you give your permission for the off-site work in advance?

If, for example, an employee is injured in the company’s cafeteria while having lunch on-site, the workmen’s compensation will cover those injuries because it benefits the employer.

Having the individual on-site saves the organization time and keeps the person accessible should they be needed when on break. This analysis works the same for telecommuting employees.

If a worker can reasonably explain how an injury is work-related, chances are they’ll get the benefit of the doubt.

Protecting Your Business

You can protect your business by creating practices that may limit liability for home-based employees. Some recommended actions include:

Creating a policy that outlines the company’s expectations for remote staff.
Develop a set of guidelines for a home office, which includes having a designated work area.
Providing training related to setting up the correct safety measures with a focus on ergonomics.
Establishing operational hours, meal times, and rest periods for remote workers. Having this in place will help determine whether a claimed injury occurred within the course of employment.
Ensuring that you’ve got workers comp insurance that’ll protect your business against lawsuits resulting from accidents.

Final Thoughts

Figuring out if an employee is entitled to compensation for an injury when working from home is difficult. As a business, you’re responsible for providing your remote workers the same benefits as office-bound staff.

If you want to establish if an injury was work-related, there are a series of questions that you can ask your employee. Ensure that you have the right policies and insurance coverage. It will protect your company from any lawsuits resulting from workplace accidents.

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How Do I Know If I Have A Valid Hernia Mesh Case?

Medical lawsuits are particularly hard to win since they need a lot of time to settle. Hernia mesh lawsuits are one of the most common lawsuits in court. Yes, it is shocking, but it is quite common. An expert attorney can build a fairly air-tight case against the company or the doctor with the right evidence. If you are a patient looking for reasons for a reason for this hernia mesh lawsuit, the following points might convince you to do so: 1. Health Issues The reason you went for a hernia mesh procedure was to cure your medical issue. Therefore, if it deteriorates your health further, then it is enough reason for a lawsuit. Complications arising from hernia mesh are more common than you think. For example, if there is a lack of proper attention, they can compromise your health. Usually, when mesh malfunctions, it causes infection and damage to other organs which can be serious for the patient. If there is no medical attention on time, it can cause life-threatening internal injuries. This factor alone should be enough to file a lawsuit. 2. Monetary Losses The primary purpose of any lawsuit is to look for fair compensation for all the plaintiff’s losses. Hernia mesh lawsuits are no different; the main reason behind filing this lawsuit is to receive financial compensation for the aggrieved party. These losses can be related to diminishing income, medical and pharmaceutical expenses, transportation charges, and any other cost related to it. Since the cure will add to the expense of the surgery, filing a claim to recover these expenses becomes a very valid reason to file a hernia mesh lawsuit. 3. Manufacturing Fault Believe it or not; despite being approved by the FDA, many hernias mesh fails because of a manufacturing fault. These the patient either doesn't know about these faults or are many doctors and company completely ignore it. Such negligence in a medical procedure can result in serious future injuries or loss of life. If you have suffered physical and emotional pain due to this oversight, you can file a lawsuit. Contact your attorney, and he/she will do the rest. 4. Physicians Fault Meshes don’t fail exclusively due to a manufacturing fault; sometimes, it’s the doctor who is to be blamed. A negligent doctor might put it in the wrong position or not stitch the wound properly. As you can imagine, it is a recipe for future disasters. If you realize that all your suffering is because of your doctor, then filing a lawsuit is important. You can analyze this by analyzing the doctor’s history or studying more about the mesh manufacturer. If the manufacturer's hernia mesh has a high success rate, your doctor might be at fault. 5. Labeling Error Mesh manufacturers know of all the complications that can occur when using their products. However, if they fail to mention them on their labels and packing, it can be a very good reason to file a lawsuit against them. What Are The Risks Of Not Filing A Hernia Mesh Claim If you’ve suffered complications from a hernia mesh implant, wondering if it’s worth filing a lawsuit. It can seem daunting to take legal action, but the risks of not filing a hernia mesh lawsuit are significant both to your health and your financial security. Possible Long-Term Health Issues First and foremost, failing to file a hernia mesh claim could mean missing out on the chance to obtain compensation for ongoing medical problems caused by the implant. Infections, bowel obstructions, and damage to other organs are only a few potential problems with hernia mesh failure. These issues can become increasingly worse over time if not sufficiently treated, further jeopardizing your health. Filing a claim ensures that you can seek damages related to subsequent surgeries or other medical treatment you may require down the line. Financial Hardship Another risk of not filing a claim is the financial strain that could come from mounting medical bills. If your hernia mesh has malfunctioned, you could face costly procedures, hospital stays, and continuous doctor visits. Without compensation, you’re left to pay for these out-of-pocket expenses, which can quickly add up. Even if your insurance covers part of the cost, you’re still likely to face co-pays, deductibles, and other related expenses. Filing a hernia mesh claim could help you recover these financial losses. Loss of Legal Rights By not filing a claim you may be giving up your rights. Most hernia mesh lawsuits will have a statute of limitations that you need to file by or else it is too late. If time runs out on you, then there’s nothing more you can do but miss out on compensation for all the pain and suffering, medical bills, and lost wages. There can also be emotional effects of such injury as well. It’s frustrating and stressful to know that you’re suffering because of someone else’s negligence. Filing a claim can help you feel empowered as you make the responsible parties pay for what they’ve done to you. No Chance of Compensation Lastly, one of the biggest risks of not filing a hernia mesh claim is that you could potentially miss out on the compensation you are owed. When you file a lawsuit, you could recover compensation for medical bills and wage loss, as well as damages associated with your pain and suffering. Therefore, if you're experiencing problems related to a hernia mesh implant, don't take chances with your health or finances. Immediately file a claim today! Read Also: Hagen Rosskopf Explain What to Look for in a Personal Injury Attorney Few Reasons Why You Deserve To Hire A Personal Injury Lawyer Florida Car Accident Lawyer: The Ultimate Approach to Winning Car Accident Cases

What To Look For In A Qualified Personal Injury Attorney

It is essential to seek proper legal representation when you or someone you know has been injured because of someone else's carelessness. But with so many personal injury attorneys, how do you know which is the best fit for your case? In this blog post, we'll discuss the top essential qualities to look for in personal injury attorneys near me. By seeking out these traits, you'll have a better chance of finding a dedicated and skilled lawyer who can help you navigate the complexities of your case and achieve a favorable outcome. Seasoned Experience matters when it comes to personal injury attorneys. A seasoned attorney will have a proven track record of successfully handling cases similar to yours. They'll be familiar with the intricacies of personal injury law and know how to navigate the legal system to achieve the best possible outcome for their clients. When researching "personal injury attorneys near me", pay close attention to their years of experience, the types of cases they've handled, and their success rate. A well-established attorney with a history of positive results will increase your chances of obtaining fair compensation. Thorough Investigator Personal injury cases can be complex, and a thorough investigation is often necessary to establish liability and determine the extent of your damages. Qualified personal injury attorneys near me understand the importance of conducting an in-depth investigation and gathering all relevant evidence. They'll work with experts such as accident reconstructionists, medical professionals, and financial analysts to build a strong case on your behalf. When selecting a personal injury attorney, look for someone who demonstrates a commitment to thorough investigation and leaves no stone unturned in their quest for justice. Talented Mediator And Litigator While many personal injury cases are settled out of court, some may require litigation. It's essential to choose personal injury attorneys skilled as mediators and litigators. They should be able to negotiate effectively with insurance companies and opposing counsel and be prepared to take your case to trial if necessary. A talented mediator and litigator will have a deep understanding of personal injury law and be able to present your case persuasively in any setting. Great Listener Communication is vital in any attorney-client relationship; personal injury attorneys are no exception. A great personal injury attorney should be an excellent listener, taking the time to understand your concerns, answer your questions, and keep you informed throughout the process. They should also be responsive and accessible, making contacting them when discussing your case easy. When meeting with potential personal injury attorneys, pay attention to how well they listen and communicate – these skills will be invaluable as your case progresses. Limited Practice Personal injury law is a specialized field, and choosing an attorney who focuses primarily on this area of practice is essential. Personal injury attorneys who limit their practice to personal injury cases will better understand the nuances of the law and be more adept at handling the unique challenges that these cases present. Be sure to ask potential attorneys about their areas of expertise and the percentage of their practice dedicated to personal injury cases. Genuine Care And Compassion Finally, it's essential to find personal injury attorneys who genuinely care about their clients and are committed to helping them achieve the best possible outcome. A compassionate attorney will understand the emotional toll a personal injury case can take on you and your family and provide the support and guidance you need during this challenging time. When meeting with potential personal injury attorneys, pay attention to their demeanor and attitude – you want someone who will be your advocate and treat you with the respect and empathy you deserve. Unlock The Secrets To Finding The Best Personal Injury Attorneys In conclusion, selecting the right personal injury attorney can make all the difference in the outcome of your case. By looking for these seven qualities in potential personal injury attorneys, you'll increase your chances of finding a knowledgeable, experienced, and compassionate legal representative who can help you navigate the complexities of your case and secure the compensation you deserve. Remember, choosing an attorney is crucial, so take the time to research and meet with multiple personal injury attorneys before making a decision. Thank you for reading; we hope this information was helpful.

How Safe are Pedestrians in Georgia?

Georgia is a great place for people who like to walk. Many cities and neighborhoods dedicate their roads to walking communities. Downtown Atlanta has walking paths for residents, employees, visitors, and customers. The Metro Atlanta area is also full of pedestrian-friendly parks. And let’s not forget that the rural parts of the Metro area have abundant hiking trails. All this makes Georgia seem very pedestrian-friendly. Not necessarily. While Georgia may encourage walking, pedestrians are only sometimes safe. How Safe are Pedestrians in Georgia? In 2019, Smart Growth America conducted an urban planning and development study. Atlanta was included in their research, including a portion dedicated to how pedestrian-friendly certain states are. How did Georgia rank? Put together by The Embry Law Firm, let’s look at some statistics: Overall, the state ranked as the 6th most dangerous state for pedestrians. The Metro Atlanta area ranked as the 25th most deadly region for pedestrians. From 2008 to 2017, 1,782 pedestrians were victims of hit and run by cars across the state. That accounts for 1.76 pedestrian deaths per 100,000 people (about the seating capacity of the Los Angeles Memorial Coliseum). The annual average number of pedestrian deaths in Georgia is 184. The national average is 1.55. From 2011 to 2015, pedestrian deaths increased by 58%. 78% of pedestrian injuries and fatalities occurred at “non-intersection” locations. 52% of pedestrian injuries and deaths occurred while the individual was waiting to cross a road. This data means that Georgia—and especially Metro Atlanta—may be friendly to pedestrians, but our state’s drivers are not. Is the State Trying to Protect Pedestrians? Knowing what we do about pedestrian accidents, injuries, and deaths across the state, we must consider whether our state leaders are taking action to reduce those numbers and save lives. The answer is that, yes, state leaders are working on initiatives that could reduce the number of pedestrian accidents and deaths. Georgia has adopted one major initiative called “Vision Zero.” This initiative comes from the idea that traffic fatalities can be reduced to zero through engineering, education, and enforcement (the 3 E’s). Vision Zero holds to the notion that humans make mistakes. Therefore, a road system is required to ensure these mistakes do not lead to severe injuries or death. Numerous countries and cities across the United States have adopted Vision Zero. Many have seen a dramatic improvement in their traffic fatality rates, including pedestrian deaths. One of Vision Zero's goals is to enhance road safety for everyone—drivers, bicyclists, motorcyclists, pedestrians, and public transit users. What Can Pedestrians Do to Stay Safe? Pedestrians can do their part in the fight to reduce the number of pedestrian accidents and fatalities each year. The Georgia Governor’s Office of Highway Safety recommends the following: Always walk on the sidewalk if possible. If there is no sidewalk, walk close to the left side of the street. When walking on the street, facing traffic. Always cross the road at a crosswalk if one is available. Stay in the street and attempt to dash in between traffic. Pedestrians are required to obey traffic signals. Look for signals that say “walk” or “don’t walk.” When walking near the street, wear bright clothing or use reflective gear. Encourage your children not to play in the street, even in quiet neighborhoods. You can’t control the actions of others, but as a pedestrian, you can take measures to keep yourself safe and out of harm’s way. Whether you are commuting to work in Atlantic Station or walking a trail along the Chattahoochee River, walking is a favorite pastime for Georgians. It is important, however, that all of us do our part—whether walking or driving—to protect ourselves and others around us. This is the best way to improve safety for all of Georgia. Just Moving to Georgia (Road Safety Guide) Georgia has reliable hours and an easy position. Therefore, you might end up here for your work purposes. However, when it comes to road safety, you need to be a little more careful with your approach. To begin with, you will have to be wary of road safety measures and how to protect yourself against rash driving. Now, here's a thing that you want to remember, and that's—crossing streets; Cross streets at marked crosswalks or intersections; if none are available, keep well on the road to be seen. Stand clear of vehicles in case they roll backward. Be Seen: Wear bright or reflective clothing if you are walking or biking in low lighting conditions, especially at night. Make eye contact with drivers in the vehicle waiting for you to cross in front of them. Avoid Distractions: Don’t use your phone or listen to music at a high volume while walking. Be aware of everything and everyone around you. Educate Children: It is not just about your safety, especially if you are relocating your family alongside the job. Teach children to follow road safety precautions while crossing the roads. Plan Safe Routes: Choose well-lit and less busy routes for walking. Know the normal traffic patterns around where you live. Final Note Whether you’re new to Georgia or you’ve lived here for some time, remember that safe walking can sometimes be your responsibility. We have a combination of urban and rural settings in which to enjoy walking, but because of that fact, we must be aware of some simple tips to keep ourselves safe. Yes, appreciate other drivers, but when in doubt, always come back to his rulebook! Read Also: 7 Ways Truck Accidents Differ from the Regular Car Crashes Denise Hamet Discusses Trends in Creative Transportation Strategies

Can an Employee Claim for a Personal Injury When Working From Home?

Company Legal Responsibility

Criteria for Work-Related Claims

Protecting Your Business

Final Thoughts

Tips To Choose The Best Lawyer In Your Country

The Basics of Bail Bonds System

Content Rally

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

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How Do I Know If I Have A Valid Hernia Mesh Case?

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Can an Employee Claim for a Personal Injury When Working From Home?

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Criteria for Work-Related Claims

Protecting Your Business

Final Thoughts

Share this Article

Tips To Choose The Best Lawyer In Your Country

The Basics of Bail Bonds System

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

Leave a Reply

Popular

Follow Us

Recent

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