Will My Dad get compensation?

Question

He fell over yesterday at work and broke his ankle. Itwasent his fault, he isa mecanic and was working and stepped back on to loads of stuff, like wire and stuff and it tangled around his leg. He twisted around and all his weight was on his ankel and it snapped. Had to share the gory details

Will he get any compensation, I hate people who fake things and claim but this was a real accident.

Answer 1

He should watch where he is walking!

Look at it from the other side - how would you feel if someone tried to claim from you because they had walked down your path to deliver a letter and had tripped over your hosepipe?

They could do it, but wouldn't you think 'why didn't you look where you were going you div'?

Answer 2

Worker's Comp applies in most employment situations. I'll assume it does here. If it does, your father will get the following benefits:

All medical bills will be paid.

He will get paid for time lost. (Not as much as if he was working in most cases though)

If there is a permanent/partial disability, he will get a settlement that is set by statute. The amount varies from state to state, but generally it is based upon the percentage of disability and what part of the body is involved.

If there is a permanent/total disability, this settlement will be more substantial.

If there is continued medical care needed, the W/C insurance company will be required to pay that.

In most cases, when there is a disability and/or continued medical coverage, the insurance company tries to offer a lump sum settlement so they are off the hook for future care. Many times this is a good thing because the future medical may or may not be needed. Sometimes it's not.

So your father should be OK, assuming you are in the US and the company is required to have W/C insurance. If they are required and do not have it, there is usually a state fund for it, and they are in trouble.

Answer 3

Did he know that the wire etc was there before he started the work and was it put there while he was working and without his knowledge? If he knew then he should have removed the obstacle if it was the latter then he should make a claim for compensation. The accident should be entered in the Accident Book for the Health and Safety records. The H&S should be informed what ever the answers about fault.
Nice to know that you seem to care about your dad, he is lucky to have you.

Answer 4

What exactly do you mean by compensation? His work contract and/or Social Insurance should cover necesary medical expenses and loss of wages. If you are talking about damages then that is a matter for the "legals".

From what you say it sounds like he "stepped back" i.e. wasn't watching where he was going. A defence solicitor would go to town on that.

Answer 5

If the wire was left in a hazardous place by a third party there is a chance of compo, liability needs to be proved against the business owner or a third party for a claim to be upheld, if your Dad tripped over his own mess then unless he was not trained to a correct standard for Health and safety in his work place it is unlikely a valid claim could be made.

Answer 6

He will have to talk with human resources to put his accident report in..depends if your dad has benefits at his job? or through insurance? if someone is injured on the job, doesn't matter who's fault it is*..they have to file a report and depending on how long he'll not be able to work he may have to file for unemployment which takes 4-6weeks to even begin once you've filed for that.....as far as compensation goes...umm, I don't think he can "sue" anyone for having his own work area a safety hazzard*, it will definately teach him a lesson tho * Hope this helped*

Answer 7

no person can probable say if his unique prognosis replaced into incorrect interior the 1st place. allergies does exchange over the years, and what replaced right into a valid prognosis 23 years in the past would possibly not look as we communicate. He would not have a case, that's merely too until now to make any definitive judgment. you're n the united kingdom, so it particularly isn't an argument of scientific expenses. He merely desires to pass on.

Answer 8

He was injured at work. He is in line for help. How much depends on the laws of the state and the benefits of the company. That is if he was actually employed by a company.

File for benefits and see how it goes. He will get benefits but if enough I would not know.

Answer 9

well it would;t hurt to contact one of these no win no fee things would it. they will soon tell you if you are entitled to claim compensation. However if he was breaching any rules ie leaving stuff lying around and not taking care then it could hinder things. At same time though the firm is insured.
Does your dad belong to a union? If he does get him to contact them for advice?

Answer 10

If it was his mess then no. As for Health & Safety Regs everybody is responsible for health & safety in the workplace. He must of seen the danger there previously he should of moved it out of the way or reported it to his manager.