Why Most Workers Compensation Claims Don’t End in Lawsuits

It's comforting to know that most workers compensation claims are resolved without litigation. However, there are specific scenarios where consulting with a workers compensation lawyer becomes essential to protect your business interests. Here are three critical situations where legal advice is indispensable:

1. Lack of Workers Compensation Insurance

As an employer, maintaining workers compensation insurance is not only a prudent practice but a legal requirement in many states. If you find yourself without this insurance and an employee is injured, the consequences can be severe. Your business could be held liable for all damages, including medical expenses and lost wages. Furthermore, the Occupational Safety and Health Administration (OSHA) may impose fines for failing to carry mandatory insurance. Engaging a lawyer promptly in such cases can help minimize the financial fallout and ensure compliance with legal standards.

2. Employee Appeals the Insurance Decision

When an employee reports an injury, as an insured employer, you'll file a claim with your insurance provider. Should the insurance company deny the claim, the employee might appeal this decision. This is a juncture where the guidance of a seasoned lawyer is crucial. They can help navigate the appeals process and work towards a resolution that safeguards your business's interests.

3. Employee Rejects a Settlement and Opts for Litigation

If your insurance company acknowledges the claim and proposes a settlement, the employee has the option to accept or decline it. Acceptance usually includes an agreement not to sue your business. However, if the employee refuses the settlement and decides to sue, it’s critical to have legal representation. A competent lawyer will prepare and defend your business against potential litigation.

Experiencing an employee injury and facing potential legal challenges can be daunting for any employer. If any of these scenarios resonate with you, or if you foresee potential complications, it’s important to act swiftly.

At Williamson & Melendez, PLLC, our team is dedicated to providing the support and guidance you need to manage workers compensation claims effectively and protect your business. Reach out to us today to discuss your situation and explore how we can assist you in preventing a workers compensation lawsuit.