When does an accident become criminal?
You have suffered a serious workplace injury that has resulted in very serious personal injuries. You wonder if you can take action against the employer only in civil proceedings or even in criminal proceedings. You may need view a legal services sitemap to get the right lawyer.
The employer must effectively protect the health and safety of employees by adopting the necessary safety measures. If these precautions are not taken and the worker suffers an accident at work or develops an occupational disease, the employer can be held responsible not only on the civil but also on the criminal front.
But when does an accident become criminal? The possibility of prosecuting the employer following an accident at work or an occupational disease depends on the consequences of the harmful event and the subsumability of the case in the context of an offense provided for by the Criminal Code or by a special law.
The law places on the employer the task of protecting the health and safety of employees from the risks that may be present in the workplace.
In fact, carrying out work activities can cause accidents at work or occupational diseases to the detriment of workers. To avoid this, the company must take all safety measures which, according to the best science and the best available technique, can allow to eliminate or at least limit these risks. This security position is called a security obligation . This is an ancillary obligation to the employment contract, which arises automatically when an employee is hired.
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Lack of information
- Do you know that if you do not demonstrate the exclusive fault of the contrary, the insurer will refuse to pay you compensation?
- Have they told you that if you have not diagnosed all the injuries suffered within 72 hours from the accident, they will not recognize them , and therefore they will not compensate you for them. Learn about specific personal injury law in New Jersey.
- Do you think that someone is going to worry about speeding up the repair of your material damage so that you do not run out of your means of travel to work? See what the American Bar Association has to say about personal injury to learn more.
- Do you know what to do when the insurer refuses to pay for your injuries because the material damage to your car has been minor?
- Has your insurer explained to you that, even if you have crossed an improper place as a pedestrian , if you have been run over, can you claim compensation?
- Do you know that if you put yourself in the hands of the company’s medical expert, you have a good chance of being considered cured early and not being paid sequels ?
Lack of coverage and support
- No one has told you when you should go to rehabilitation and the deadlines can be passed.
- You are on sick leave or immobilized, you cannot drive and they do not want to cover the costs of traveling by taxi to see your doctors
- Your company delays the repair of your material damages , and you have to be calling every two by three without giving you solutions.
- Your family member is a very serious injured person , the company needs to authorize and pay hospital admissions, transfers or interventions, and the paperwork and bureaucracy are above the support for the victim and their families.
- The opposing insurer disputes fault and your company decides not to get wet and give up claiming the claim, leaving you “lying” in the middle of the process
Lack of knowledge about the claim process
- Nobody has explained to you that if you make a mistake due to ignorance in the first days after the accident, you can stay without compensation.
- You do not know what concepts can be claimed or what you need to do it.
- You do not know the terms of the claim or when the insurer has to pay you interest in case of delay in the payment of your compensation.
- Your company does not inform you of the status of the claim , nor of all the concepts to which you are entitled.
- You do not know the Legal Scale of Traffic , in which cases you can resolve the claim in a friendly way and when you will need to file a judicial process against the responsible company to pay you the compensation that corresponds to you and not the one that has been offered to you.