When an injury occurs on job site and the worker has been injured, he has the right to seek “worker’s compensation claim”. This claim is awarded with benefits and the worker doesn’t have to prove that employer did something wrong to cause an injury.
On the other hand, the worker has the right to file for Third – party liability and this is referred to injury of the body of one party, caused by the negligence or recklessness by the third party and his actions, see link for more details.
Third party liability can be directed towards an individual that causes an accident at the place of work, but it doesn’t have anything in common with your employer. Third party liability cannot be filed towards college or manager of the site. If a worker is on the road, doing some job and drunk truck driver causes and accident and hits him by his truck, the worker will have workers’ compensation benefits, but he will also have the possibility to sue the driver of the truck and trucking company. Workers compensations are usually small and they are not sufficient to cover his full recovery, medical costs and lost wages. Further, workers’ compensation claim doesn’t cover at all mental pain and suffering and punitive damages. If a worker decides to pursue third – party liability, the worker has the right to ask from the court for punitive damages and non – economic damages.
For example: if by some chance your chair breaks while you are at work and the result is severe damage of your hip, you have the right to sue manufacturer of the chair through third party claim. Or if you fall during your stay at the bathroom due to a wet floor and the janitor didn’t put any notice and if you have suffered from some serious injury you have the right to sue cleaning company through third – party liability.
When an employee who has been injured states that third party caused him an injury based on negligence, the company for whom the employee works may have an interest to join in third party claim and enforces it even more.
When a person whom some damage has been done files for a lawsuit, he has to prove that defendant had a duty towards plaintiff, the breach of defendant’s duty, the cause of the damage and the damage that has been done. If one of these conditions aren’t fulfilled, the lawsuit will be taken down. On the other hand, if the plaintiff proves all these allegations, he will be able to expect that all of the damages will be compensated.
There are two types of compensatory damages: economic and non – economic. Economic damages can easily be determined and their value isn’t changeable because the jury will have to evaluate them.
Economic damages may involve previous and following medical costs, lost salaries, recovery, damage of the property and decreased earning capacity. Medical costs are often connected with an injuries caused by some accident. The court will usually examine the total size of medical costs, so it can decide if the reward for the damage is the right one. For example: if the judge brings a verdict based on inflammation that results with an award of $500,000, the court will have to review the medical costs, to decide if the damage award is being reasonable. Future medical costs are allowed, when a person who suffered damage can prove that he will need additional medical care because of an accident. In this case, the expert will be called to testify.
When an earning capacity is endangered due to a serious injury, the plaintiff must prove that his capacity to earn money has been decreased or impacted because of an injury. Also, in this case, the expert will have to testify. He will have to take into consideration plaintiff’s condition, health, age, life goals, previous earning capacity, these parameters will help him decide if there was a loss of earning capacity.
For example: if a teacher happens to stay immovable and suffers a brain injury from a car accident, she won’t be able to teach children or gets an education for another job. In this case the lost earning capacity will be reviewed. For more information please check the full article.
This act represents a set of regulations that are brought to manage the order and productiveness of US health care system. This act created number of new regulations for patients and for those who are in medical profession.
The main goal of this act is to create new standard in which it would protect the peoples’ medical records and other information that are rather personal. The patients are given more rights regarding their health information and who is able to use them and in which purpose. This act provides some sort of a safeguard effect that health care should give and all in purpose to protect confidential health information. For those who violate these regulations, the punishments are civil and criminal penalties and they are considered as the violators of patients’ privacy rights. This act also manages the disclosure of some sort of data, when they are publicly disclosed.
The implementation of this act for patients is very meaningful because it provides them a choice between seeking health care and repayment for health care and how the personal information of health record may be used. HIPAA gives the patients the rights to know how they records are used and if some breach of information has occurred. It allows the minimum disclosure of information in the purpose of higher good. Patients have rights to get a copy of their medical record and to request its corrections if some mistake is made. By this act, the patients are given a supreme right to manage the disclosure or their health care records and information.
And if every patient believes that someone has inadequately used their confidential medical information, they have the right to contact the attorney, full information is linked here. If a person doesn’t properly peruse claim it will cause him a great damage and he won’t be able to control the flow of information.