4 Signs Your Workplace Injury Requires Legal Remedies
Being injured in the workplace can be devastating for you and your family. Depending on the severity of your injury, it can affect you mentally, financially, and physically. When this happens, you might have no other option but to seek legal help to recover the proper compensation for all your losses.
However, it’s important to note that not all workplace injuries might require the court’s assistance. There are instances wherein issues on compensation are settled without any court intervention. Because of this, it’s crucial to know when the court should handle workplace injuries.
Below are four signs your workplace injury requires legal remedies:
Someone Else’s Negligence Caused Your Injury
If you believe your injury at work was due to your employer’s negligence, filing a personal injury lawsuit (with the assistance of personal injuries lawyers) in court can be one of the legal remedies you can consider for your situation. Like anyone else, you don’t deserve to get hurt because of other people’s carelessness. When you’re injured, you need to take some time off, resulting in lost wages and opportunities to earn a living. This financial strain can severely impact your family’s life, especially if you’re the breadwinner.
For this reason, personal injury laws provide you with an opportunity to protect your rights and financial future through legal means. When doing so, you need the assistance of an experienced personal injury lawyer to handle your lawsuit more effectively. They have extensive investigation skills that can help prove the liability of the other party.
For example, suppose you suffered a workplace injury caused by a slip and fall accident. In that case, your lawyer can demonstrate through clear and convincing evidence that your employer was negligent by failing to repair the uneven surface in the office despite their knowledge of the issue and repeated demands.
You Can’t Get Compensated Under The Workers’ Comp Program
When you can’t get compensated under the workers’ compensation insurance program, your only remedy is to seek legal help by bringing a personal injury lawsuit in court. Generally, workers’ compensation insurance provides medical and wage replacement benefits to employees injured at work.
However, there can be many reasons workers’ comp can work for your benefit. For example, if your employer doesn’t carry a workers’ comp, tries to deny your claim, or your injury isn’t covered by the said insurance, you may be unable to receive the benefits you need for your situation. Consequently, you need to file an injury lawsuit claim to get compensated for all the losses caused by the workplace injury.
You Deal With Emotional And Mental Health Issues Following The Accident
Another sign your injury requires legal remedies is when you deal with several mental health issues following the workplace accident. As mentioned, workers’ compensation is designed to indemnify injured employees for the medical costs and lost wages they sustained. However, this insurance program doesn’t cover non-economic losses, such as emotional distress, anxiety, depression, pain and suffering, and many others.
Therefore, if you suffer from several emotional and mental health issues because of the accident and injury, bringing legal action to court can be your best option. Doing so will allow you to seek compensation for the non-economic losses you sustained.
A Faulty Or Improper Product Injured You At Work
You can also sustain a workplace injury because of faulty products. When this happens, you have to institute a personal injury lawsuit to hold the product manufacturer liable. Typically, injury cases arising from defective products are known as product liability lawsuits. When you file a product liability case, you allege that the manufacturer was negligent due to the following:
- The product’s design was inherently unsafe;
- The product was manufactured wrongfully;
- The product was marketed improperly through inadequate safety warnings, vague instructions, and many more.
So, if you’ve been injured at work because of a certain product malfunction, your recourse would be to file a case in court. In this situation, the workers’ comp insurance may not be able to provide adequate financial protection. Since it’s a legal remedy that only the courts can handle, it would be best to hire a good personal injury lawyer to help navigate your case. With them at your side, you can ensure compensation for your workplace injuries.
Dealing with a workplace injury can be frustrating, especially if it limits your ability to do what you want to in life, including your ability to make money. That’s why if you’re going to recover from the emotional, financial, and physical consequences of the accident, seeking monetary compensation through legal means is one of your best options. Keep these signs in mind, and you’ll be on your way to getting the remuneration your injury deserves.