benefits of hiring work injury attorney oklahoma city
TRANSCRIPT
Benefits of Hiring Work Injury Attorney Oklahoma City
Negligence is the most important of workers compensation claim or worker accident
concepts, and it may be defined as a failure to use reasonable care to prevent injury (physical
or otherwise) to another person, which proximately causes injury to that other person.
Liability for negligence can be direct or vicarious (indirect). Vicarious liability is the result of
the doctrine of respondent superior, which states that a principal or employer is generally
liable for the acts of his or her agent or employee, so long as the acts are within the scope of
the principal-agent or employer-employee relationship. In any negligence case, the jury's
functions are to determine: first, what happened; then, whether the various parties acted as
reasonable persons under the circumstances; and finally, if there was negligence, to award an
amount of money damages to compensate the injured party. Compensation by the payment of
damages is an effort to make the plaintiff whole, that is, to restore the plaintiff as nearly as
possible to his or her condition before the accident. It therefore includes reimbursement for
all out-of-pocket expenses such as those for medical treatment, payment for lost wages, and
payment for pain and suffering. If the employer fails to pay compensation it is important to
find a good work injury attorney Oklahoma City.
Of course, suing one's current employer is and always was a rather delicate matter, to say the
least. An action based on negligence implies fault, moral and otherwise, on the part of the
employer. In the absence of an employment contract or collective bargaining agreement,
there was nothing to prevent a litigating employee from being discharged or from being
refused reinstatement after a period of disability in retaliation for the employee's legal action
impugning the integrity of the employer. Also, factual questions of fault in the employment
context often involve the need for co-employees to serve as witnesses, which in turn leads to
conflicting testimony and resulting friction among members of the work force.
The rules of negligence apply between strangers as well as between a business and its
customers, between a business and its employees, and in other situations in which the parties
have a pre-existing relationship. An employer generally has a duty to use reasonable care to
prevent injuries to his or her employees. This duty can be broken down into more specific
duties, such as to provide a reasonably safe workplace and reasonably safe tools and
equipment; to warn of unexpected dangers associated with the work, such as dangerous
machines or chemicals; to provide a sufficient number of suitable fellow employees; and to
make and enforce suitable workplace rules. Even if the employer threatens not to file for
compensation consult the work injury attorney Oklahoma City.
There are a lot of things have to be considered before filing for compensation after the injury
occurred with the work injury attorney.
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