While carrying out daily work, the employee may get injured. Many causes can lead to this event, which can end with a simple rest period, while in the more serious ones; it can also lead to a percentage of employee disability.
In these
circumstances, the worker, in addition to receiving compensation from the
accident prevention body in charge, can also request payment from their
employer, especially in cases where safety regulations have not been respected.
The legislation
currently in force defines an accident at work as that event that occurs for a
violent cause, during the performance of the work activity, under which the
worker derives an injury or an illness for which it is necessary to take time
off work to a period longer than three days.
The law, Virginia injured at work attorney, is more than 50 years old but still in force and shows
all its relevance, provided for specific protection for the worker through specific
compulsory insurance that must be signed in favor of the worker.
Thanks to Virginia injured at work attorney,
the worker has the right to specific health services and has the possibility of
receiving compensation, the amount of which is directly proportional to the
trauma he has suffered and the severity of the consequences that have arisen
from the event.
In Virginia,
the body deals with the management of compulsory insurance and compensation
through Virginia injured at work attorney.
The worker can
consider the compensation paid by Virginia injured at work attorney not sufficient to cover the
damage suffered and therefore that it is not fair. In these circumstances, can
the worker claim damages? The answer to the question is positive but on the condition
that it can be demonstrated that the event that led to the accident derives
from the employer's responsibility.
The general rule
is that the employer is exonerated from responsibility for the event that led
to the accident as the compulsory insurance covers it towards INAIL. As
mentioned, the worker can only claim differential damage and must prove that
the employer has not set up the safety measures to protect the workers' health.
How do you proceed to obtain differential compensation?
The way to obtain
the further differential damage is not easy and opens an actual dispute between
worker and employer. The first will bear the burden of proof. They will have to
demonstrate three critical points to be entitled to compensation. First of all,
the employer has not prepared the appropriate safety measures to prevent the
event.
Likewise, the
employer will have the task of exempting themself from liability. In these
cases, the most obvious path that the employer follows is to demonstrate that the
same worker was not diligent in respecting specific safety measures.
Payment of differential damage and biological damage
If the worker is granted compensation for further damage, the amount paid must take into account any sums already paid by INAIL for this reason to avoid paying the same damage twice. To avoid this inconvenience, biological damage is liquidated based on certain requirements and amounts established by specific tariffs, subtracting the amounts already paid to the worker.
