a patent application in
unfortunately sometimes an employee or worker dies in an accident at work. The relatives should know, in Virginia, there are some advantages.
First, if a third party outside of the workplace is death, there's always the possibility of an assault against the third party. Even if the death was caused by a defective device or machine, then there is the possibility of product liability against the manufacturer of the machine or device. In Virginia, a personal injury action or product liability actions to the files of the Court within two (2) years after the accident.
Secondly, a death at work when a work is the factor, the right to a Workers' Compensation claim. As a Virginia Workers' Compensation lawyer for 30 years are just a few points you should know:
1. The relatives must prove they are members as a woman, child or a parent in destitute circumstances, a claim.
2. The successful dependent spouse can expect that the 500 weeks of payment of compensation and burial expenses. The compensation is two-thirds of the deceased's average weekly age. The surviving spouse would end with a pension.
3. The successful depends on the testator's death was from an accident, and in the course of his employment. For example an inexplicable decline in death is not compensable, even if the work happens. I had a case in which a worker fell from the back of a tractor, but I could never prove the reason for the decline.
4. The children would be in proportion to the compensation, if under 18 years or up to 23 years when, in a recognized educational institution. Of course, if an illegitimate child, he or she would have to prove legal dependence.
5. An interesting case I had, to a child, whose Hong Kong Chinese / American mother was killed by the Chinese restaurant where they had worked. The question was whether we processed her death was in any way related to her employment. We have from court.
6. Another case involved a worker who was killed at a pumping station at midnight. The question was whether the death in connection with employment. We also this case from court.
7. Another worker died in a trench cave in. The question in this case involved the calculation of average weekly age, because the workers died his first day at work. Employers also argued that the employees can not be expected that a full-time employees. After lengthy litigation, we have managed to show a good average weekly wage in a hearing before the Commission. Obviously, the higher the average weekly wage then you could expect the higher salary that the rate would be.
8. A sad event that seems to come again and again is a death from a heart attack at work. But even if the death happens at work, it is not compensable, unless some unusual exertion triggered the heart attack.
To summarize, when an employee at work, you should consider whether a personal injury claim and a workers' compensation claim.
© Copyright 2006, Gerald G. Lutkenhaus. ALL RIGHTS RESERVED
This can be considered as advertising or advertising material under the rules of professional conduct of lawyers in Virginia. This notice is only for general information. The information in this note not to be too formal legal advice nor the formation of a lawyer / client relationship.
Jerry Lutkenhaus is a practitioner of Workers' Compensation Law in Richmond, Virginia, for more than 30 years he was with an "AV" rating from Martindale Hubbell in 2003. Lexis Nexis find him in the 2005 Bar Register of outstanding attorneys. More information can be found on our website or http://www.virginiadisabilitylawyer.com http://www.geraldlutkenhaus.com or call for a free consultation at 804-358-4766.
0 ความคิดเห็น:
แสดงความคิดเห็น