Your Legal Rights Regarding Work Accident Claims or Industrial Injury
Posted: November 9, 2018
Posted in: Workplace Injuries
Today we wanted to look at how the law differs in the UK and United States regarding work accident claims.
How it Works in the United States
Despite statutory operating safeguards work accidents happen again and again. Then it’s good to know what obligations have employers and employees. You can also read more here about what accident claims law in the UK involves.
When it comes to an accident at work or work accident claimd, the provisions of the Social Code (SGB) Laying seventh part fixed. According to SGB VII there is an accident at work when an insured employee suffers an accident because of an activity that is in direct connection with his work. The consequences which the law says can be:
- physical health,
- mental health,
- Damage to an auxiliary,
- Loss of an auxiliary or
- Death.
Work Accident Claims Will Be Insured
An accident is an insured accident, which occurred on a direct path to the workplace or on direct route from the workplace home.
Not to be confused with an accident at work is the occupational disease in § 9 SGB VII. This arises from the nature of the accident at work, which the law defines as “time-limited externally acting on the body events”.
Accidents at work must not be self-inflicted by the employee, the SGB is purely from the activity performed, by which the individual damage.
When there is an accident at work?
Uses of workers despite the mandatory safety training by the employer in accordance with 15 Labour Protection Act (ArbSchG) no protective clothing and thereby incurs a loss in the above-mentioned type, it is not by an accident at work. The same applies to private activities during the actual working time.
Example: When it is not by an accident at work
- During the lunch break a person goes once around the office building and is injured by a falling tree branch.
- A person is drinking alcohol during their working hours and injured.
If an accident at work in front clearly, so are the legal requirements are met, the insurance carrier (accident insurance) must grant the employee he is entitled to benefits. These may be costs for treatment or rehabilitation or pension payments.
What workers need to do in a work accident?
Shortly after the work accident occurred, workers should be examined and treated by a passage physician. As a rule, these are trauma or orthopedic surgeons. As a rule, companies keep a list with corresponding through physicians.
Experts of the German Social Accident Insurance (DGUV) suggest every little or seemingly insignificant accident at work, for example, to report the famous cut finger, the employer. Background: caused by the initial injury a worse secondary damage and the employee can no longer characterized work properly or even made void under certain circumstances the insurance coverage.
What employers need to do in a work accident?
If there is an accident at work, the employer must in accordance with § 193 SGB VII show the accident insurance carrier this incident immediately. This applies when the insured employee is so injured that he is unable to work more than three days. For the message of the employer three days. In serious cases, ie when serious injury or even death, should be reported immediately.
The experts of the DGUV recommended entering every little accident in the accident book. In association book is noted that when a worker health damage occurred (detection function for the insurer). The following information should be provided:
- Place and time of the accident,
- Name of the injured,
- Type of injury,
- The time of treatment,
- conducted first aid measures
- Name of the first aider and
- Name of witness.
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