Benefits of Hiring Work Injury Attorney Oklahoma CityAuthor: jasica
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.
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The author is a professional writer,presently writing for Workers Compensation Attorney oklahoma city