Travel accidents are compensated in the same way as accidents at work. Disputes may arise concerning compensation. Accident Lawyer ny can intervene to try to resolve these disputes and defend your interests. Here is an overview of labor lawyers and their role in the compensation of commuting accidents.
Travel accident compensation: which lawyer to consult?
As a reminder, a commuting accident is an accident occurring on the return journey between the home and the workplace. The commuting accident is a work accident of a particular type.
Unlike the classic work accident, the commuting accident does not give entitlement to the elimination of the waiting period and does not protect against dismissal. At the level of the Labor Code, the commuting accident does not give rise to the protective regime of the classic work accident.
On the other hand, from the point of view of social security, the commuting accident is compensated in the same way as an accident at work . To learn more about commuting accidents, read the “Trip Accident” sheet.
If you have a problem regarding compensation for your commuting accident, you need to hire a labor lawyer .
Travel accident compensation: why go to a labor lawyer?
Disputes related to compensation for a commuting accident may occur between the victim and the CPAM or between the victim and his / her employer.
The problem of compensation for commuting accidents is closely related to the recognition of the commuting accident .
If you are an employer, the use of a lawyer in employment law is strongly recommended if you wish to dispute the travel accident of your employee.
If you are an employee, the main function of the lawyer is to have the commuting accident recognized.
Travel accident compensation: when to consult the lawyer in labor law?
It is recommended to hire a labor lawyer in the days following the commuting accident.
In any case, one should not wait until the compensation procedure is too advanced to use the lawyer . The more your lawyer seizes your case upstream, the more likely you are to assert your rights and get compensation for your damages.
Same if you are the employer: call a lawyer as soon as the commuting accident occurs.
Travel accident compensation: what can the labor lawyer do for the employee?
It is obvious that in order to benefit from compensation for his commuting accident, the commuting accident must be recognized.
The main function of your labor lawyer will be to show that your accident is a commuting accident, an accident that meets the criteria for the commuting accident. For that, he will be able to launch an investigation.
Your labor lawyer may also dispute on your behalf the amount of compensation received for your accident. He will make every effort to ensure that your compensation is as fair as possible and corresponds to the harm you have suffered.
Last thing: it is possible to engage the civil liability of the employer in case of accident of the journey. This is the case if the employer has not respected his safety obligations towards you.
Travel accident compensation: what can the labor lawyer do for the employer?
If you are an employer, the role of your lawyer in labor law will be mainly to dispute the accident of journey before the CPAM .
He can also defend you before the civil judge if your employee incurs your responsibility in the accident.