In order to ensure a good reputation and survival on the market, besides the business success, each responsible employer must take care of his employees. By complying with the laws on safety at work, a company ensures its employees healthy, stable and, above all, safe working conditions. This includes insurance against injuries at work, occupational diseases and deformations, permanent loss of working ability and, in the worst case, of death.
However, even though providing security for workers is a legal obligation, there are still employers who avoid this. Considering it is too expensive, they are often unaware that exactly this “try of savings” can cause the enormous loss. You can check this information at any time in the legal service of your employer.
Regardless of all measures taken, workplace injuries occur frequently. Accidental cases happen, but this is what the insurance serves for – to alleviate the consequences of these events for both the employer and the worker.
When to Request a Settlement
Work accidents do not depend on the employee’s will, and often, neither do employers. However, if there is room to prove the fault of the company (due to non-compliance with regulations, standards and safety rules, etc.), the injured worker can file a lawsuit.
This process will take much longer and require additional medical and police documents, experts’ reports, testimonies, etc. More time and extra costs are involved, not only because of higher payments but also because of losing earnings due to absence from work (if the worker is not permanently disabled). That’s why an agreement with a lawyer is required, who will present all the steps before starting this procedure.
Many legal experts suggest workers make a settlement with their employer out of the court, and to accept fair compensation. However, before that, they have to discuss with their lawyer before finding the best solution. It is certain that avoidance of trials and litigation brings significant savings in time and money, but only if there is a possibility of the out-of-court agreement.
How to Avoid Insurance Companies Tricks
With the payment of insurance for their employees, corporations are relieving of a great deal of responsibility. Payment settlement is mostly done through insurance companies, which usually gives you an offer at the very beginning of the process.
Maybe it’s the highest sum you can get as compensation, but it can easily be the lowest. Before accepting the initial offer, get in touch with the lawyer for free consultations about the next steps. Think well is it worth of bargain.
Atlanta Comp lawyers point out that many insurance houses can use various tricks to pay the lowest settlement. Some of these tricks are the offer of payment before getting medical documents (which can confirm the higher degree of injury than they plan to compensate you), offering legal aid and panel attorney (they just can’t be neutral side if an insurance company hires them) or advising to solve the claim without the presence of your legal representative. Don’t be fooled by the last item. With a good personal injury solicitor, who knows the negotiation tactics, you will be protected from manipulation.
When Going to Court Is Inevitable
Basically, you can file a lawsuit against your employer at any time after the injury has occurred. Most often this happens if your company didn’t pay workplace insurance for employees, or you are insured but not satisfied with the proposed compensation. It is your absolute right to fill in the lawsuit within the legal deadline and submit all the required evidence.
In case of more serious workplace injuries, employees almost always file the lawsuit against the employer. This is common when it comes to death accidents (when a victim’s family sues the company), permanent disability, a significant decrease in the quality of life and opportunities for further work engagements, etc.
In such cases, the “value” of the injuries, losses, and costs of treatment usually exceeds the limit of your workplace insurance policy. In order to achieve fair compensation, maybe you should go to the court, where independent parties will decide your case.
We have already mentioned the negative sides of going to court, but there are good ones too. All the costs that you will have during the process, if your employer is proven guilty, will be charged to them. Sometimes it is worthwhile to go into this kind of legal adventure, but this is definitely not something you should decide on your own.
There are more advantages of avoiding trials, and you can read about them on this page: https://www.alllaw.com/articles/nolo/personal-injury/advantages-settle-lawsuit-out-court.html.
Because of the many cases of abuse of workplace injuries, employers are cautious with settlements. Long, expensive trials don’t suit them either; in the long run, these can harm their business and corporate image. So do your best to come to mutual understanding and the acceptable solution, but do not agree to a compromise that can damage you.