Every organization is legally bound to provide its employees with a safe and secure work environment.
To ensure this, organizations must follow specific rules and regulations and establish policies.
But what if an employee suffers from a workplace injury, which leads to emotional, mental, and financial hardship?
In this case, they can opt to file for a lawsuit.
However, remember that filing a lawsuit is the last resort, and it is always better to negotiate with the opposite party and reach a settlement outside the court.
You can contact experts such as Abogada de lesiones to navigate the legal waters for help.
In addition, the article below is here to guide you through the process of availing compensation for a workplace injury and the process of filing a lawsuit.
Understanding Your Rights as an Employee
Before we move to how you can avail yourself of fair compensation and how to file for a lawsuit, let us understand your rights as an employee.
According to the general rule, an employee can only obtain compensation for a workplace injury through workers’ compensation insurance.
However, there are exceptions to this situation, including:
- If the employers fail to obtain workers’ compensation insurance
- If the employers intentionally try to hurt the employee
- If the injury arises due to toxic or defective substances
- If the injury was caused at the working site by another entity that doesn’t employ you
All the points above are exceptions that allow you to avail of compensation even if your employer doesn’t have work compensation insurance.
In many states, you can bypass the workers’ compensation insurance and file a lawsuit directly if you think your employer is negligent and acting egregiously.
Either way, you must know that your rights as an employee are always protected under the jurisdiction of the government.
Now, if you plan to bypass the insurance and directly file for a lawsuit, the following section discusses how you must proceed.
How To Proceed With a Lawsuit?
Here is a step-by-step explanation of how one should proceed with their lawsuit:
1. Report Your Injury to the Employer
After you have sustained the injury, you must inform your employer.
Remember that the information should be delivered to them within 30 days of the incident.
If you fail to inform, you may lose your right to file for workers’ compensation insurance.
2. Get Medical Care Immediately
Getting medical care immediately after a work-related injury is crucial.
Inform your caregivers that your injury is work-related and you are eligible for medical care from the insurance provider.
Simultaneously, contact your employer and inform them that you plan to claim workers’ compensation insurance.
3. Cooperate With the Compensation Insurance Investigation
Once you have informed about your injury to your employer, it is time for the insurance company to investigate your case.
The employer will notify the insurance company about the injuries that you have sustained, based on which the company will determine your compensation.
Here, you need to remember that insurance companies are nothing but businesses, always looking for ways to increase their profit margin.
So, some grounds on which the insurance company may reduce your compensation amount include:
- If you had pre-existing health conditions.
- There were no eyewitnesses to your injury.
- If you didn’t seek medical care after the incident or disregarded the doctor’s advice.
4. Find a Personal Injury Lawyer To Help You
Workers’ compensation insurance is a complex process, and negotiating with your employer and the insurance company while recovering from the injury can take a toll on your mental and physical health.
But you don’t have to go through it alone.
Hire a team of personal injury lawyers to help you through the process.
Conclusion
Receiving fair compensation for workplace injuries is a complicated process.
Your employer may deny your claims if you don’t have solid proof, and on top of that, negotiating with the insurance company is also a work of art, which is not very easy for someone inexperienced.
This is why hiring a team of lawyers for the job is best.
So that while you are recovering, you don’t want to worry about a potential lawsuit you may have to deal with.
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