When you undergo a court case as a way of obtaining workman’s comp in Suffolk County NY, your employer may put up a strong fight. You need not worry about this when you hire a lawyer for workman’s comp in Suffolk County NY, because these people are able to represent you in a way that almost guarantees you receive the payments you are owed. Despite this, it is a good idea to be aware of the defenses an employer may use in court. This eliminates a surprise when fighting for workman’s comp in Suffolk County NY.
Workman’s Comp In Suffolk County NY – Assumption Of Risk
The first defense that is regularly used by an employer dealing with a case for workman’s comp in Suffolk County NY will be ‘Assumption of Risk’. This defense for workman’s comp in Suffolk County NY is based on the plaintiff having knowledge over the environment they were working in. For example, if a person is hurt on a construction site with an understanding of the risks attached, the employer may defend themselves by stating that the employee understood the dangers associated with the task they were carrying out. With the appropriate evidence, a lawyer can rule against this for workman’s comp in Suffolk County NY.
Workman’s Comp In Suffolk County NY – Fellow Workers Rule
Another defense that may arise when in court for workman’s comp in Suffolk County NY will be the ‘Fellow Workers Rule’. This defense for workman’s comp in Suffolk County NY is based on placing the blame on a fellow employee. For example, if an individual slips on a liquid that was spilt by another member of the workforce, it is possible that the employer may escape any punishment associated with compensation of this kind. Every single detail must be supplied to the attorney so that they can appeal against this defense if it occurs during court proceedings for workman’s comp in Suffolk County NY.
Workman’s Comp In Suffolk County NY – Contributory Negligence
Finally, a case for workman’s comp in Suffolk County NY may see the employer pleading for ‘Contributory Negligence’. If you do not have a good attorney to help you, this defense may prevent you from obtaining the workman’s comp in Suffolk County NY you are entitled to, and so it is essential to gain legal assistance. ‘Contributory Negligence’ applies to a case where the claimant is partly to blame for whatever injury or mistreatment they encountered. For example, if someone working in a hazardous environment fails to wear the safety equipment supplied, they will be at fault. This may prevent the claimant from being awarded workman’s comp in Suffolk County NY.
Even if you are as little as 1% to blame for a case, you might not be eligible to receive workman’s comp Suffolk County NY. Visit gbmcomplaw.com to hire an attorney who can win compensation for you.
