Accidents at the workplace because of an employer error are one of the most common personal injury cases, which can be filed. However, most states in the United States have something known as Workers Compensation Insurance.
This has been designed in a way to protect the interests of various business owners against lengthy and financially unfeasible personal injury cases. While most businesses have opted for the Workers Compensation Insurance, some have not.
There are also multiple areas where insurance cannot protect the interests of employers. In this article, we speak to a leading personal injury attorney who specialized in workplace personal injury cases.
Why Workers Insurance Compensation is Important for a Business?
Many business owners feel that the Workers Insurance Compensation (WIC) is an additional burden on annual expenditures. However, according to leading business experts, WIC is important as it acts as a safety net to protect the interests of business owners.
Injuries at the workplace, in factories and industrial units, can also take place because of the carelessness of the workers themselves. However, if a WIC is not in place, a strong personal injury lawsuit can be brought forward by the worker
The financial compensation from such suits, especially if the worker has been seriously injured and would suffer from a lifelong disability is enough to shut down the business once and for all. Hence having a functional WIC in place is essential for businesses.
List of 5 Types of Workplace Injuries where Employees can file Personal Injury Cases
1. If the Business is not following Regulations-
In order for WIC to come into play, businesses need to ensure that all statutory compliances are being met. They need to update their health and safety certifications and other licenses at regular intervals. Failure to do the same voids the WIC and can allow the worker to file a personal injury lawsuit. If compliances were not being made, the case becomes stronger.
2. Inflicting Intentional Harm-
If an employee suffers an injury because of working on a machine, the WIC will be able to protect the interests of the employer. However, if an employer engages in a physical attack on the employee, shoves him or her, or pushes them, then a personal injury lawsuit can be made. If the physical activity led to a serious injury, it can also be tried as a criminal act in the courts.
3. Covering up the Injury and Claims-
WIC also ensures that workers get a certain claim or insurance amount post a work-related injury. However, when compared to settlements and compensations of personal injury, WIC payouts are rather small. However, if an employer does not communicate the injury, or tries to deny the claims under WIC, a personal injury case can be made in this regard.
4. You Void the WIC by Non-Payment-
Like all Insurance policies, employers need to pay a certain percentage of premium annually for the WIC to stay active for the company. However, voiding the WIC by not paying the premium can result in the policy getting null. This means that the employer ceases his protection and can be sued in a personal injury case if there is an accident on the premises.
5. Faulty and Improper Product Liability-
There might be cases when the employer is the manufacturer of the machine/infrastructure, which the employee is using to do his work. If the machine malfunctions, leading to an injury, the employer can be tried in a Product Liability Personal Injury Lawsuit. This is an area where the WIC will not be able to offer protection as the case is against the faultily manufactured machine.
The Final Word
WIC can help employers protect some of their interests. However, ensuring that all the compliances, licenses, certification, and other regulations are being followed is also necessary. Personal injury lawsuits can not only drain an employer’s personal fortune but also be enough to force him to liquidate his business in order to pay the compensation amount. At the end of the day, you cannot put a price on an injury.