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Friday 4 January 2013

Work Accident Claims: An Inherent Right

If you find yourself thinking about whether or not to file work accident claims, then it is important for you to understand first what the general principle behind claiming compensation is because accident at work claims are merely just one of its manifestations.

Now, people are empowered by our system of laws to file an accident claim because they are perceived to possess the right to safe living. Thus, whoever causes them harm without their consent has effectively invalidated this right and must be taken into account. As human beings remain human even while in the workplace, or to say the same thing in other words, that they still retain whatever rights they possessed outside the workplace even after getting hired, their right to safety should still be respected not just by their colleagues but also and most importantly by their employer.

This duty of ensuring that the employee’s right to safe living is maintained at all times is what constitutes what is called the duty of care owed to him by the people in the workplace. When this duty of care is breached or when the employer or a colleague acted in a way that was injurious to that employee, then he could claim compensation from his injurers. The formal demand asking for such compensation is called an accident at work claim.

Monday 26 November 2012

Credibility of Work Accident Lawyer

Claims for injuries at work can be complicated. The success of the case depends not just on the evidence but on the legal advice from work accident lawyer. This is the reason why it is essential for the claimant to choose the right work accident lawyer to represent him/her in court.

Herculean Task Assigned To Lawyers

The main task of a lawyer is to stand for the rights of the claimant. Lawyers file legal complaints, represent the claimant in court, prepare legal documents and provide legal advice. The utmost professional responsibility of a lawyer is to attain justice and compensation for the injury including the pain and suffering experienced by victims of negligence like accident in the workplace. It’s a long and winding journey which goes through a series of counseling, oral arguments, and legal advice. If the negotiations between the two parties became unsuccessful, the lawyer or solicitor will initiate the litigation process for the claimant. Solicitors are expected to comply with the standards of legal ethics in handling personal injury claims. Personal injury solicitor specialises in different types of claims like accident at work, medical negligence, road traffic collisions, public liability claims, and slips/trips/falls.

An Impressive Qualification

What makes a good lawyer? A work accident lawyer is someone who possess compassion, intelligence, expertise and diligence to win the case

The counsel handling injury claims need to be compassionate. He needs to listen attentively and understand the situation of the injured person. It is necessary for the counsel to be compassionate and show genuine concern to help achieve the main goal which is to win the case.  The intelligence of the counsel coupled with his specialisation in the area of personal injuries is a good recipe for success.  Lawyers who speciliases in accident claims particularly accidents in the workplace has the credibility to handle various cases of injuries like back injuries, burns, Repetitive Strain Disorder (RSI), skin diseases, diseases, fractures, whiplash and many others. The above qualities seasoned with diligence and hard work creates a flavourful aroma that can bring justice and compensation favour on the side of claimant. Diligence in studying, conducting research, writing and providing solid evidence speeds up the process. It lessens the stress carried by the injured person and achieves the desired justice and compensation.

Open communication between the lawyer and the claimant helps in processing the claim. Getting legal advice from the expert is vital in the claims process.