Almost 3 in every 100 workers get injured every year in the United States.
Although some workplaces are riskier than others, getting injured on the job is never on any worker’s plan. But accidents happen and sooner or later you may find yourself nursing a workplace injury.
If you’ve been injured while at work, there’s due process that usually ends up with compensation. You’ll be compensated for your medical expenses, loss of income, and pain and suffering.
However, if you’re hitting roadblocks along the way, it might be time to consider filing a workplace injury lawsuit.
In this article, we’re describing the various instances when you have to seek legal redress. Read on!
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Your Employer Is Proving to Be a Stumbling Block
When you sustain an injury at work, your employer should help you process the compensation claim. Employers are legally required to have workers’ compensation insurance.
However, it’s not uncommon to find employers who make it difficult for injured employees to get compensated. An employer risks paying more in insurance premiums when the insurer sees trends indicating that more claims are emanating from the company.
Your employer doesn’t have to outright reject your claim, but if you’re under pressure to claim less compensation or you have a feeling that someone’s hand is making the process overly bureaucratic, you may want to contact a workers’ comp lawyer.
Your Employer Is Uninsured or Underinsured
State workers’ compensation laws vary, but the general requirement is companies with at least 3 employees must purchase workers’ comp insurance. Construction companies must have this coverage regardless of the number of employees they have.
While most businesses with employees have this policy, don’t be surprised to learn that your employer isn’t insured. Small businesses running on shoestring budgets can default on paying the premiums, thus rendering the coverage void. Or they can just avoid buying the policy altogether, hoping no one gets injured on the job.
If your employer isn’t insured or doesn’t have adequate coverage, they’ll have to compensate you out-of-pocket. What are the odds an insured employer will gladly and fully compensate you?
Filing a workplace injury lawsuit might be the only way to compel an employer to compensate you fully.
The Insurance Company Is Rejecting Your Claim
An employer can provide all the help you need in processing your claim, but at the end of the day, it’s the insurance company that has the final word.
It’s not uncommon for insurance companies to reject claims, but they’ll typically give a reason. Perhaps some documentation is missing or there’s a clerical error in the paperwork. You just need to make the changes and resubmit the claim.
However, there are instances an insurer can deny a claim outright. Perhaps they feel you were at fault for the accident and therefore you aren’t entitled to compensation.
Whatever the reason is, it’s time to get a lawyer and take the fight to court. Arm-twisting is the language insurers understand. You have to be aggressive.
File a Workplace Injury Lawsuit When Necessary
Ordinarily, you should be able to get compensated for your workplace injuries without needed to sue anyone. The vast majority of workers’ comp claims are settled out of court. However, if you’re in any of the situations described in the article, it’s time to file a workplace injury lawsuit.
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