Worker’s compensation law provides for compensation claims, which were enacted to serve as a compromise between an injured employee and an employer. Workers' compensation pays out benefits to employees who are injured on the job. These employees can benefit greatly from this law because they do not need to prove negligence on the part of the employer in order to receive compensation. This is also referred to as a no-fault system.
Although a worker who is injured on the job is not required to prove that his or her employer was negligent, there are other legal aspects that must be proven in order for the claim to be successful. These aspects include:
In order for a worker’s compensation claim to be successful, the injured worker must have been in an employer-employee relationship at the time of the injury. To present a case of vicarious liability, the worker must have been acting as an employee at the time of the incident, and the party who hired him for payment must have been considered an employer. This legal aspect does not apply to independent contractors because they are not considered employees.
Prisoners, railroad workers, federal employees, volunteers, state elected officials, agricultural employees, and state elected officials are some workers who are frequently excluded, by state laws, from being considered employees.
Proving an employer-employee relationship is not enough to win a compensation claim under the compensation law. One must also show that the injury was caused by an accident. "Injury by accident" can be defined as an event that the injured person could not have predicted. Negligence, accidental causes, oversight, miscalculation, fatigue, or carelessness can all result in injury.
However, determining when an accident-related injury has occurred can be difficult. Cases of compensation claims abound in highly industrialized and populous cities like Brisbane in Queensland, Australia, where determining what constitutes an injury by accident and when it occurred are widely discussed. To succeed in this case, it is important to retain the services of experienced Brisbane lawyers who can assess the nature of the claim. Following consultations and explanations, you will receive professional guidance on how to proceed.
The injury must have occurred while the employee was at work or conducting business for the employer for the claim to be successful. While the majority of workplace injuries occur in the company building, some also occur in vehicles owned by the company and at off-site locations. It will be considered "work-related" so long as the employee was engaged in some activity that was relevant to the performance of his or her duties.
Compensation claims under the Workers' Compensation Law were created to reduce the risks of litigation by ensuring the prompt delivery of medical benefits, primarily financial, to a worker injured while engaged in active employment and to ensure the worker is able to return to gainful employment by requiring the employer to pay a reasonable cost. To be successful in this claim, you must seek the advice of an experienced lawyer and ensure that the above legal aspects are carefully considered.
