The importance of consulting a lawyer with a degree in medical law. To be advised by a professional with a double degree as a lawyer and as an expert in medical law represents a great advantage. Reforms in accidents law at work requires to analyze with special attention, the most appropriate way to straighten or contend for the corresponding claim.
Therefore, it is necessary to consider both medical and legal aspects simultaneously, a complex task for those who do not have a complete knowledge of both sciences
THE WORKER WHO SUFFERED AN ACCIDENT
What shall I do in case of work accidents or upon the first symptoms of an occupational disease?
We recommend workers who have suffered an accident or have symptoms of an occupational disease to:
PROMPTLY CALL THE EMPLOYER
Preferably upon occurrence of the event or as soon as practicable after that. Provide plenty of information regarding the event.
Not only the identification of witnesses is of utmost importance, but also their story version.
CHECK THAT THE STORY VERSION HAS BEEN FULLY WRITTEN DOWN BY THE EMPLOYER IN THE CLAIM REPORT
A great amount of lawsuits have to do with the description of the events signed by the employee at the request of the employer, be aware of duly depicting the actual circumstances. You should avoid providing successive and contradictory versions of an accident; thus, it must be reported as soon as practicable.
OBTAIN LEGAL AND MEDICAL ADVICE SOON AFTER THE EVENT
Contact an attorney, who will truly defend the rights of the victim. He will check if there is any possible relationship with tasks performed and if the claim has been the consequence of a breach of the safety and abor laws in force. You will find it of great convenience to be represented by a lawyer that is also an expertise in medical law. He will be able to prepare legal medical reports reflecting the amount of any present and future damage.
The applicable law on workers’ compensation requires that both legal and medical aspects be considered.
Note that once the claim has been filed, workers’ compensation companies decide whether to accept or deny the claim. In the latter case, the company usually alleges that the damage was caused out of work. However, in most cases there is an unavoidable relationship between the disease and the existence of physical, chemical, biological agents or physical stress at work.
Note that, when a workers’ compensation company based on the aforementioned arguments denies the claim or the existence of the occupational disease reported, the ultimately affected will be the employee. He will have to resort to medical insurance to get assistance. Then the employee will have to go searching for an administrative response that would help him to solve his health issue.
The employer will also be affected , it has to afford payment of employee’s wages during the leave time, an obligation imposed by law to the workers’ compensation company. Besides, the employer gets notice that employee has been clinically discharged and he is not in proper condition to return to work for not having completed rehabilitation. The absenteeism of an employee who has suffered an accident and has not received the required medical treatment triggers a labor conflict that is economically significant; thus, we offer legal and medical counsel to avoid the effects of complex procedure.