(Newswire.net — August 21, 2019) — If you’ve sustained an injury while at work, you’ll probably notify your supervisor immediately. You’ll likely be asked to fill out some paperwork documenting the incident (if you aren’t rushed to the hospital for emergency care). And after that, you may have the option of taking advantage of workers’ compensation, which is designed to cover the costs associated with any injury sustained by any employee in a workplace environment.
While it may be intuitive to take workers’ comp immediately, this may not be your best option.
How Workers’ Comp Works
Workers’ comp is a type of insurance that’s mandated for employers in most states (and in many other countries). It covers any type of injury, so long as it happened while at work, regardless of whose fault it was or how it happened (or how severe the injury is). If you make a workers’ comp claim, any and all costs associated with your injury will be compensated, including the immediate costs of treatment and the costs of follow-up appointments. While the exact laws vary by state, you will also likely qualify for the compensation of any wages you lost due to the injury as well.
Filing a Lawsuit
So why wouldn’t you immediately take workers’ comp?
Workers’ compensation is an exchange, not a gift. By taking this form of compensation, you’ll be forfeiting your right to file a lawsuit against your employer for negligence. If you don’t take the workers’ comp offer, you’ll have the opportunity to contact a personal injury attorney and build a case against your employer and/or the people responsible for your injury.
In many cases, a lawsuit is favorable, for several reasons:
- It provides you with more compensation. Workers’ comp does provide substantial coverage for your injury, but it may be limited. If you file suit, you can seek compensation for mental pain and suffering you sustained as a result of the injury, and other costs.
- It puts pressure on your employer. If you were injured because of lax safety standards, or because of negligent practices, a lawsuit could be a major wakeup call. It may force your employer to take safety more seriously, resulting in fewer injuries for you and your coworkers in the future.
- It gives you more options. Working with a lawyer also gives you more options. If you take the workers’ comp option immediately, you’ll never have the option of filing suit.
Factors to Consider
Of course, in many cases, it’s better to simply take the workers’ compensation and be done with it. So how can you tell which option is more favorable?
These are some of the most important factors to consider:
- Who’s fault was this? Though the answer to this question isn’t always clear, you likely have an inkling as to who is at fault. Did you cut yourself because you didn’t follow safety precautions, or did you trip and fall because your supervisor didn’t maintain a safe work environment?
- Was this the result of a chronic problem? You may also consider whether your injury was the result of a freak accident, or the byproduct of some recurring problem. For example, if safety standards have been notoriously relaxed for the past year, you may be more motivated to take legal action than if your injury arose almost by coincidence.
- How severe was this injury? The severity of your injury should also come into play. A small cut that needed a couple of stitches is much different than an injury that resulted in the loss of a limb, or one that otherwise completely changed your lifestyle.
- Did your employer take accountability? Accidents do happen from time to time. What matters is how those accidents are handled. Did your employer acknowledge that they could improve safety standards? Did they apologize and try to make things right? Or do they refuse to learn from this incident?
- What does your lawyer think? Even if you’re fairly certain you want to take workers’ comp, it’s a good idea to talk to a personal injury attorney. Initial consultations are usually free, and you can use this as a chance to learn more about your odds of success, and what kind of payout you could expect if you file suit. Take your lawyer’s opinion seriously, and factor that into your final decision.
Workplace injuries happen all the time, even in the safest, most professional environments. In fact, there are something like 2.8 million nonfatal workplace injuries every year. If yours is particularly extreme, or if it was the direct result of someone else’s actions or negligence, it may be in your best interest to avoid workers’ comp and take legal action against your employers.