Filing a lawsuit against your employer for a personal injury claim can be a challenge for many litigants.
Taking the option of litigation can be daunting, but it is entirely up to anyone who has been injured by their employer’s fault to take action and where workers’ compensation is not applicable for whatever reason.
The various workers’ compensation laws are obviously key in determining how and when you can sue your employer, as the laws provide a more limited ability to sue for personal injury as they are primarily responsible for any workplace accident. .
But legal action can always be taken in specific cases.
There are a few key things to consider if you want to make sure your personal injury lawsuit is going to be successful.
1. Inform the employer
The first step in taking legal action against your employer is to inform them of the incident.
This can be done verbally or in writing, but you must do it immediately after the accident. The employer should look into the situation and see if they were at fault in any way. They might advise you to pursue a claim with their insurance company if they weren’t at fault.
2. Complete a claim form with the insurance company
If your employer is responsible for the accident, you should file a claim with their insurance company. If you are entitled to workers’ compensation, you cannot sue.
Workers’ compensation laws are there to protect employees injured on the job in the line of duty, by providing fixed monetary payments to avoid litigation.
However, there are certainly key cases in which an employer can be sued, such as –
- Intentional cause of accident
- Serious misconduct by the employer
- Bad faith denial of an insurance claim
- You have independent contractor status as opposed to employee status
- There is an arrangement with a sub-contractor related to your accident. . as well as other factors that may negate the insurance claim.
You can check the situation with the insurance by contacting the company directly or through an attorney. The insurance company will then investigate the accident and determine how much they are willing to pay for your injuries.
Most insurance companies will give you a low initial offer in these cases. They may offer you a settlement well below the value of your case and so you should ensure that you get the best advice from lawyers who are experienced in dealing with such claims.
4. Calculate the nature and extent of the injury
You must carefully calculate the nature of your injury by obtaining a medical examination as soon as possible after the injury. This is extremely important in understanding the extent of the injury and the cause.
Keep in mind that for workers’ compensation claims, the medical examination must be performed by a licensed physician.
You should also make sure that you follow the doctor’s advice so as not to aggravate the situation and harm your claim, if any. You do not necessarily need to take the advice or seek the advice of a company-approved doctor and you can seek a second opinion if you wish.
5.Calculate your damage
Calculating your damages is one of the most crucial processes in pursuing a personal injury claim. This task encompasses both financial and non-financial losses.
Financial charges can include medical expenses, lost wages and destroyed property. Non-economic damage are represented by pain and suffering, emotional anguish and loss of enjoyment of life.
Having all your documents in order is important before meeting with a lawyer. This goes for both financial and medical details and any notes relating to your accident, as keeping this documentation will help in the pursuit of a successful claim.
This will help them give you a better estimate of the value of your case. Also, you should keep track of all personal expenses incurred due to the accident.
File the lawsuit
A personal injury lawsuit can be a difficult process on many levels and it is important to make sure you have an attorney who is experienced.
If there is no insurance settlement regarding the claim, then you should carefully compile the documentation to simplify the lawyer’s role and to assist in the processing of the claim against the employer. Once you have filed and served your claim, you begin the discovery process where both parties exchange information about the case.
Finkelstein & Partners LLP is a law firm that has significant experience handling these cases in New York and New Jersey and you need someone who has experience in your state’s jurisdiction and who can understand at the both the law and the local legal system to best achieve a satisfactory resolution.
Source: Finkelstein & Partners, New York