If you get hurt at work, state workers’ compensation laws determine your rights and how much money you can receive as a settlement. If the insurance company or you have disagreements over this agreement, a lawsuit might be an option. Learn more about workers’ compensation lawsuits.
However, the insurer might try to deny your claim or use other tactics to reduce your payments. You can file an appeal of the decision at a hearing level.
Third-party liability
If you have been injured at work, you may be entitled to workers’ compensation benefits. However, this system protects employerslimiting your right to sue them directly for a work-related injury. Fortunately, if someone other than your employer is responsible for the accident that caused your injury, you can file a third party lawsuit.
For example, if you are working on a construction site and a drunk truck driver crashes into you, that is a third party and you can sue them. The same goes for manufacturers of equipment such as construction vehicles or scaffolding.
Unlike workers’ compensation claims, third-party liability suits require you to prove negligence and liability. This is a big difference from workers’ comp cases where you can get paid without having to demonstrate fault. If you are found to be partially responsible for the accident, your damage award will be reduced under Massachusetts’s comparative negligence statute. An experienced El Monte workers’ compensation attorney can help you determine whether or not a third-party lawsuit is worth pursuing.
Bad faith on the part of the insurance company
Insurance companies are expected to act in good faith when reviewing workers’ compensation claims. They are required to thoroughly investigate a claim and consider all of its merits. They must also follow guidelines for submitting paperwork and meet deadlines. If an insurance company does not follow these rules, it can be deemed to have acted in bad faith.
Injured workers who file a lawsuit against an insurance company for bad faith can be awarded punitive damages. These damages are intended to penalize unethical behavior and deter similar practices in the future. However, preventing bad faith on the part of insurance companies requires collaboration between businesses and injured workers. This can include joint training sessions, educating both parties about the laws governing workers’ compensation, and sharing resources. It may also involve fostering a culture of transparency and respect. In addition, state regulations should be strengthened and monitored to ensure that insurers adhere to high standards of conduct.
Employer’s liability
Employers liability is a part of workers’ compensation insurance that covers legal expenses for claims that fall outside the scope of the worker’s compensation statute. These lawsuits can be filedfamily members, other employees, or 3rd parties. These types of lawsuits are based on negligence. The employer’s liability policy will cover defense costs until the limits are metsettlement or damages. There are four main types of employers liability claims: third party over action, loss of consortium, dual capacity suits, and consequential bodily injury.
A common example of a third-party over action claim occurs when an employee is injuredequipment owned or rentedthe business. In this scenario, the employee files a lawsuit against the manufacturer of the equipment and your company. The manufacturer, in turn, sues your business for contributory negligence. You may have an insurer who offers a limited amount of employers liability in this situation, but New York state requires you to carry unlimited coverage.
Taking the insurer to court
Injured workers who have a workers’ compensation claim are often able to negotiate a higher settlement if they take the insurer to court. This is especially true if the insurance company acts in bad faith or refuses to pay for treatments that are clearly related to the injury. The insurance company can also be found to have acted in bad faith if it doesn’t fully investigate a workers’ comp claim.
Workers’ compensation settlements may be structured as lump sum payments or as structured payments over time. Both types of settlements can include money to cover medical costs and future care. The amount of a settlement depends on the type of injury, the severity, and whether it is permanent. The insurer also takes into account the cost of care, which can vary depending on age and pre-existing conditions. The employer’s role in a settlement process will typically be limited, but it is advisable to facilitate communication between the injured employee and the insurance company and stay updated on the case.