In an ideal workplace environment, there would be no injuries or deaths. People would work in absolute safety and never have to worry about workers’ compensation insurance.
But the reality is, injuries are inevitable, even in relatively safe workplaces. In 2019, there were 5,333 fatal workplace injuries in the United States.
If you’re injured on the job, workers’ comp can cover your medical expenses (and possibly your living expenses while you’re unable to work). But is it always worth taking this deal?
What Is Workers’ Comp?
Workers’ compensation insurance, commonly called “workers’ comp,” is a kind of insurance purchased by employers. In almost every state, it’s a legal requirement – and even where it’s not legally required, employers often purchase it.
Workers’ comp covers the costs associated with any injury sustained by an employee while working. This kicks in regardless of how the injury arose, what type of injury it was, and who’s at fault. In other words, even if it’s your own fault you were injured, workers’ comp can still apply to you.
The Complications of Workers’ Comp:
Workers’ comp sounds like a good deal for the injured party, but there are a couple of important complications to consider. First, not all workers’ comp claims go through; it’s possible that your workers’ comp claim could be denied. If there’s a lack of evidence for the injury, or if the injury occurred as a result of gross employee negligence (such as working while intoxicated), your employer may deny the claim. If this is the case, you may need to fight to get the compensation you deserve.
Additionally, if you accept a workers’ comp claim, you will be unable to sue your employer for negligence. In many cases, you can win more compensation by suing your employer than you can get through workers’ compensation.
Factors to Consider:
Pursuing a lawsuit isn’t always the right move either, however. Filing a lawsuit is a lengthy and tricky process; it can sometimes take months or even years to resolve the dispute. Additionally, there’s no guarantee you’re going to win the lawsuit, and if you win, there’s no guarantee you’ll end up with more compensation than you would have gotten with workers’ comp.
Before deciding to file a lawsuit or accept workers’ comp, consider these important variable factors:
The nature and extent of your injury:
What type of injury did you sustain? How severe is the injury? Will you be over this in a week, or could this affect you for the rest of your life?
The negligence involved in your accident:
Was this someone’s fault? Is this a byproduct of an unsafe environment? If so, you may be motivated to seek further justice.
The coverage offered by workers’ comp:
How much do you stand to benefit by taking workers’ comp? Is this going to be adequate compensation for the costs associated with your injury?
Your employer’s attitude:
Is your employer working with you? Are they refusing to make important safety changes?
Your personal feelings:
How do you feel about the situation? Do you hate the idea of filing a lawsuit against your employer? Or do you want to earn as much compensation as possible?
Why You Should Talk to a Lawyer?
If you’ve been injured on the job, your best course of action is to talk with a lawyer as soon as possible. Most lawyers offer initial consultations for free, so you have nothing to lose by reaching out and obtaining more information. Your lawyer will be able to provide you with further information, such as your chances of winning a settlement and how to handle the medical treatment of your injuries. They’ll also provide you with direction and advice in a professional capacity. Every case is different and most cases are complex, so it’s best to get the help of a pro.
What to Do After a Workplace Injury?
No matter what, it’s important to take the right steps after experiencing a workplace injury. First, you need to get to safety and prevent other people from experiencing the same injury. If you need emergency treatment, prioritize that. Second, it’s important to file a report with your supervisor and gather as much evidence related to the injury as possible. From there, you need to seek ongoing medical treatment – and document your appointments.
The Bottom Line:
So is it always worth taking workers’ comp? Not necessarily. If you have a minor injury or if this truly was an accident, or if you just hate the idea of managing a lengthy and complicated lawsuit, taking workers’ comp could make things easy for you. But if you feel you deserve more compensation or if your injury is more serious, it’s a good idea to talk to a lawyer first.
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