When you are running a business, there’s a chance that your staff could get injured while working, that’s why you are required by law to have insurance coverage for your staff in case of work-related injuries. Having insurance can protect you from a lengthy trial with your employee over a workplace injury. Unfortunately, sometimes insurance doesn’t guarantee protection from an employee taking legal action. Therefore, the same way you use an attorney to draft your contracts, you will need an attorney to represent you in a workplace injury lawsuit.
Here’s why your business needs them
You Did Not Comply With Workplace Safety Measures
There are certain rules regarding how to best protect your employees while they are working, but sometimes you don’t adhere to them to reduce costs. For instance, if you have a power press machine, and you decide to remove the guards to cut down on costs, that can leave you liable if an employee is injured. The employee is entitled to file a lawsuit against you, and, as a result, you might get into lengthy and costly proceedings. Case in point, there was a high-profile case against a big oil company for failing to adhere to proper safety measures that led to injuries and fatalities. When employees proved it, they received a huge settlement. If that’s the case, then you better seek legal aid so you don’t pay a hefty settlement that could put you out of business.
A lawsuit can be financially damaging. Many companies suffer great financial losses because of workplace injury cases, which eventually lead them to bankruptcy and shutting their business down. However, hiring a lawyer helps you reduce any damages, and gets you the best results. We recommend transparency with your lawyer when it comes to any details regarding the circumstances surrounding the injury. When your lawyer understands all the details concerning the situation, they will be better at representing you.
Workers’ Compensation is Complicated
So you have insurance for your workers in case they get injured while working. However, when the time comes that a worker has to claim compensation, it becomes complicated and you may need to read more about the intricacies of workplace injury law before you decide on hiring a lawyer. If you or your employee decide to take matters into your own hands, the claim could be denied. Therefore, you will need an attorney that you are confident can handle things properly and can file an application without any errors. Additionally, attorneys with experience in that area will make sure to explore all compensation options.
The Employee Rejects The Settlement
After the employee files a claim to get compensation for their injury, and then accepts the settlement package, they automatically waive their right to sue. However, some employees become dissatisfied with their settlement, so they reject it and then pursue litigation. In that case, having a lawyer who has experience in workplace injuries will be very handy, they’ll help with reaching a satisfying result for both you and the employee.
Improve Your Chances In a Case
When you have experience in the industry you are operating in, you can navigate it to generate profit. However, when you are dealing with legal matters that you have no prior experience with, you won’t be able to navigate the details properly and you might implicate yourself further. Therefore, hiring a professional to navigate it for you is the wisest option. An attorney who has experience with workplace injuries will help to get you the best deal and reach a good settlement with the employee suing you. That means that when you hire a legal expert, you are not risking a hefty settlement, and you can reach a reasonable agreement with the plaintiff.
The Employee Was an Independent Contractor
Some people aren’t technically your employees; instead, they are independent contractors that you hired for a specific job. Workers’ compensation insurance doesn’t apply to temporary workers, which means that if they sustain any work-related injury, they can sue you. If they file a suit, and they can prove that the injury they sustained was because of negligence on your part, then they are entitled to compensation. An attorney can counter their claim and might assist you in not settling, or provide you with a better option for settling.
Even if you are a small business, you need to have a lawyer to represent your business. There are a lot of legal issues that come with running your own company, not to mention that the law itself is complicated for the inexperienced. Workplace injuries are among the most common examples of suits that you could face as a business owner especially if you are operating in an industry known for its many hazards, which makes investing in a workplace attorney something you must consider.