Solutions
Occupational accidentsClaim for liability
In order to claim a compensation for civil liability in an occupational accident it must be proved whether there has been any breach of the Prevention of Occupational Risks Law by the company, i.e. we have to prove that there is no exclusive guilt of the worker and determine any violation by the company in the prevention and control of all security measures required for its specific industrial activity to have a direct causal connection with the accident and that those measures well implemented could have avoided the accident or reduce its severity.
Examples of these types of accidents are:
- Use of defective machinery or use of machinery that has not been overhauled.
- Lack of industrial hygiene in the workplace.
- Lack of training in the prevention or assessment in occupational risks to which a worker is exposed.
- Lack or deficiency in personal protective equipment.
- Etc.
In order to claim compensation for liability deriving from an occupational accident it will be necessary to determine if there was any breach of the Law on Occupational Risk Prevention by the company, that is to say, it will be necessary to show that there is no exclusive fault of the worker in the accident and determine some kind of breach by the company relating to the prevention and control of all the obligatory security measures of the specific activity that have a direct causal relationship with the accident and that if properly applied would have been able to prevent it or reduce its seriousness.
Some examples of these types of accidents are:
- Lack of information about the prevention of occupational risks or the evaluation of risks that a worker is exposed to.
- Use of machinery that is defective or that has not undergone the relevant checks.
- Lack of industrial hygiene in the workplace.
- Fault or defect in the personal protective equipment.
- Etc…
In order to evaluate compensation for liability the the traffic accidents schedule is applied with some special particularities of labour jurisdiction that may differ from the regulation of the field of traffic law.
The evaluation of personal injury needs to be carried out by a doctor who specialises in the evaluation of personal injury.
At Coca Advocats we have the best group of specialists in each field: specialist doctors, evaluation of personal and biomechanical injury, social workers, industrial engineers for accident reconstruction, building surveyors and architects, experts specialising in material damage and fires, economists, actuaries, psychologists etc. who work in collaboration with our firm in order to help, in the most successful way, the seriousness of the situation suffered, and every area of science that is needed to investigate and accredit all the harm caused to these people is guaranteed.
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