Each year, ordinary workers suffer a personal injury that was not their fault in the workplace. A common theme among workers who do not claim compensation is the belief that they were in some way to blame for their injury. Another reason is the belief that their employer may have the right to claim that liability is in question where safety procedures were not followed (despite a failure on behalf of the employer to fully demonstrate safety procedures and introduce working practices that adhere to the guidelines).
Whatever your situation, you may be asking questions such as what is workers’ compensation? You need to speak to a lawyer in the early stages – this is because your legal team will need time to put together your case.
Understanding workers’ compensation
Otherwise known as “Workers’ Comp”, workers’ compensation provides a deal by which the injured worker will continue to receive wages and can claim medical benefits, but will not be able to sue their employer for the injury. This is also known as the “compensation bargain”. This essentially amounts to an out of court settlement, whereby the worker continues to earn wages as normal and has all medical bills covered, but does not enter a claim for personal injury compensation. This can be an attractive prospect in cases where liability is not obvious and both sides fear losing the case.
What to do if you want to sue
Following an accident that leads to a personal injury in the workplace, your employer may offer workers’ compensation. Be aware that you do not have to accept workers’ compensation. If you believe that the nature of your injury is due to employer negligence, and that your case will hold up in a court of law, you should proceed accordingly. The major benefit of denying your right to access workers’ compensation and instead choosing to bring a legal case is the financial pay-off. Don’t forget that where your claim is upheld, your medical bills will form part of your claim, as will any travel to and from medical appointments. This means that you will not be left out of pocket. Any other issues such as psychological trauma and change in mood will also form part of your claim. Always be aware that the reason your employer is offering worker’s compensation is because they fear a potentially larger payout.
