- Damages due to work-related accidents
- What to claim in an accident at work?
- How long do I have to claim for an accident at work?
- How long does it take to collect a traffic accident compensation?
- Workmen’s Compensation Claim
- When am I entitled to compensation for a traffic accident?
- What happens if the company does not pay my severance pay?
- What rights does a worker who suffers an accident at work have?
- How to know if I have money in court
- Who pays workers’ compensation?
- When is the right to claim workers’ compensation lost?
- What is the insurer’s deadline to indemnify?
- How to collect money deposited in court
However, with the corresponding legal advice, it is possible to successfully advance a claim process before an insurance company or, even, to desist from claims that have no basis due to the existence of prescription, evident absence of coverage or other reasons that make it unfeasible.
You must know which is the insurance contract that benefits you and on which basis you are going to base your claim. For example, in the case of traffic accidents, you should know if the person responsible for the accident had one or more liability policies that may benefit you. You can ask this directly at the time of the accident.
You can find out if a liability insurance, life insurance or common property insurance benefits you through the web page www.rus.com.co. On this page, they will tell you whether a policy exists during a certain term and which insurer issued it.
This is not always possible because, in some cases, the insurers refuse to deliver the policies, and it is necessary, under time pressure, to claim and even sue without knowing with certainty what are the general and particular conditions of the insurance contract. However, in most cases, it is convenient to know and study the policy, in order to know on which points there may be a dispute and to evaluate the viability of the claim.
What to claim in an accident at work?
The worker has the right to claim compensation from the company for physical, psychological or economic damages in the event of an accident at work or occupational disease when there is any type of negligence or responsibility on the part of the company.
How long do I have to claim for an accident at work?
The time limit to file a complaint for an occupational accident is in principle 6 months, from the time the accident occurs.
How long does it take to collect a traffic accident compensation?
How long does it take to collect compensation for injuries after an accident? Most commonly, you will be paid between 30 and 60 days after you are released from the hospital.
Workmen’s Compensation Claim
How can we help you? What does it mean that the opposing party has deposited the compensation in court? Your compensation can be collected in different ways. One of them is that the opposing party, once the lawsuit has been filed, deposits the money in court.
Keep in mind that all processes that have to do with the courts can be delayed more than we would like. In this case, this procedure can take about four months, but sometimes it takes longer due to the workload of the court itself.
When am I entitled to compensation for a traffic accident?
After a traffic accident, the victim who is injured in the accident is entitled to compensation for the accident, unless he/she is solely responsible for the facts. The same may be claimed to repair all physical damages incurred in the accident.
What happens if the company does not pay my severance pay?
If the company does not pay, you can claim this indemnity in the same way as when the company does not pay salaries. You have a period of 1 year to claim, counting from the date the company should have paid the indemnity, normally the last day of work.
What rights does a worker who suffers an accident at work have?
Article 487 of the LFT describes that workers who suffer a work-related accident shall be entitled to medical and surgical assistance, rehabilitation or hospitalization, if necessary; medicines and healing supplies; prosthetic and orthopedic devices, as the case may be; in addition to the indemnity set by the …
How to know if I have money in court
There are many examples of cases of this type. In 2014, a lawyer who defended two injured parties in the tragedy of the campsite ‘Las Nieves’ (Biescas) during the processing of criminal proceedings, had to face a significant compensation. The Supreme Court ordered him to pay his clients 840,000 euros for negligence for not having informed of the dismissal and filing of the case (an order that was notified to the attorney). The consequence was that the subsequent action for financial liability against the Administration became time-barred, an action that the other injured parties in the same circumstances succeeded in having upheld in 2005 by the contentious-administrative jurisdiction.
The judgment emphasized the importance of the client not being deprived of timely knowledge of the status of the proceedings through the professionals who represent him or to whom he entrusts his defense, failing to do so, in breach of the rules of their profession.
The Supreme Court also condemned in 2013 a lawyer to compensate his client, victim of a traffic accident, for forgetting to claim part of the compensation due to him. For professional negligence and breach of the ‘lex artis’ (professional practice of lawyers) he had to pay 443,000 euros in compensation. The sentence emphasized the fact that the economic claims that the lawyer forgot to formulate were based on logical, reasonable and “well known criteria of professional performance of the so-called automobile scale”.
Who pays workers’ compensation?
Provided that it derives from a common illness or non-occupational accident, the INSS will pay the disability pension, but if the contingency is due to an accident at work or occupational disease, the payment will be made by the Mutual Insurance Company.
When is the right to claim workers’ compensation lost?
If the victim dies more than two years after the accident, there will be no right to claim compensation for death, but only the compensation for disability, in the event of a pending claim. Compensation for permanent disability.
What is the insurer’s deadline to indemnify?
Payment of the indemnity or repair of the insured object.
Be that as it may, the Law sets a term of 40 days, from the time the insurance company received the notification of the loss, to make “the payment of the minimum amount of what the insurer may owe, according to the circumstances of the known”.
How to collect money deposited in court
Since the amendment of the Workers’ Statute and the incorporation of the worker’s health among the integral elements of the labor contract (Art. 19), the Social Courts are also considered competent to file a claim for civil liability arising from an accident at work, whose advantage, unlike the Civil Courts, is that they take into account the Social Security benefits, offer greater guarantees for the worker and in principle it is a procedure without costs.