Dealing with the aftermath of an injury that occurred at work can be incredibly stressful and frightening. While accidents happen, it may be possible that your employer is really at fault and that you are beyond a doubt due your compensation. Here is how to tell if your boss is at fault for workman’s comp.
Your Employer Doesn’t Carry Workman’s Comp
Some level of workers compensation insurance is legally mandated in all states for most employers. If your employer should have been carrying workman’s comp but wasn’t, they will be at fault and likely held liable by your state. You will also very likely be allowed to sue your employer in court in order to recover damages caused by the injury, such as medical bills and lost wages. You may actually recover more in a personal injury lawsuit because you will be able to seek the full amount of your loss rather than be subject to a cap.
Adequate Safety Measures Were Not In Place
Your boss also may be at fault for a workman’s comp claim if adequate safety measures were not in place. Companies generally have written safety protocols in place as part of their employee handbook and regular operating instructions. If these were not in place and it is determined that your employer did not reasonably provide a safe working environment, your employer is almost certainly sure to be found responsible for your workman’s comp claim. Be certain to report them to your state’s workers compensation commission to prevent an incident in the first place or ensure a similar occurrence will not happen again.
Your Employer Didn’t Report The Injury
In most cases, workers compensation cases operate on a time limit, often with strict deadlines. This requires both the employee to inform their supervisor of the injury immediately and the employer to report the injury to their insurance company and/or your state’s workman’s comp commission. If you did but your employer did not, they will be liable, although you will still need to contact your state’s commission and file certain forms. Your state’s agency can walk you through the process.
Your Employer Asked You To Do Something Dangerous Or Illegal
A final obvious way your employer could be at fault is if they asked you to do something dangerous or illegal. For example, they may have insisted you perform a task without proper safety equipment or enough people. You should never comply with these requests, although there will likely be consequences for speaking up. Fortunately, if you have been injured, your boss is almost certainly to be found at fault and you are likely to receive full compensation.
In most cases, you can receive compensation for an injury sustained at work, especially if you follow the claim process correctly. If your boss is at fault you will have stronger recourse. Be sure to always work with both an attorney specializing in workers compensation cases as well as your state’s workers compensation commission.