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Workers can sue employers for damages resulting from workplace injuries or deaths. Damages can be substantial, and lawyers with industrial relations experience can help. Evidence must be provided to the court, and employers can defend themselves by showing safety violations or that damages are not covered by law.
A workers compensation lawsuit involves an employee suing an employer for damages as a result of an injury sustained on the job. Lawsuits are also common in situations where an employee dies as a result of a workplace accident. Laws in countries around the world allow courts to award substantial damages to injured workers. The worker must demonstrate to the satisfaction of the court that the injury caused the worker to lose income or incur medical expenses.
When an employee is injured on the job, the employee or their family typically contact the employer’s human resources department and find out if the company plans to cover the injured party’s costs. Many companies have liability insurance that covers workplace injuries. When liability insurance is not sufficient to cover the expenses of injured employees or if the company does not have liability insurance in place, the injured employee can file a workers compensation lawsuit.
Lawyers for workers’ compensation lawsuits are often attorneys with industrial relations experience who also have specific knowledge of workers’ rights and employer liability. Attorneys receive a share of any damages that the court awards to the injured party, but in order to cut costs, most attorneys try to settle out of court. If the employer fails to agree to an out-of-court settlement, the attorney representing the injured employee files the lawsuit. Depending on the severity of the case and the prevailing circumstances, a workers compensation lawsuit can be handled as a civil or criminal lawsuit.
The party seeking compensation must provide the court with evidence, often including eyewitness statements detailing the events leading up to the injury. Normally, the injured party’s attorney must provide the court with pre-injury and post-injury medical records to prove that the employee did not have a pre-existing injury. Statements from doctors and medical personnel are usually required to substantiate the injured party’s claim that the injury prevented the employee from being able to work. Bills relating to medical expenses and proof of loss of wages are also presented to the court.
Employers named in a workers’ compensation lawsuit must provide evidence to show that the employee is not entitled to compensation due to the violation of safety procedures or demonstrate that damages for the injury in question are not covered by law. A judge looks at the evidence presented by both parties before making a decision. An employer held liable must pay damages as ordered by the judge, while as an individual filing a lawsuit without merit must pay court costs and receive no compensation.
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