Getting injured in the workplace can be a life-changing event, affecting not only your physical and emotional health but also your financial stability. If you are injured on the job, you should be entitled to compensation for medical bills, lost wages, and pain and suffering.
However, even when you have a legitimate claim for a work accident, your case may still end up in court. This article examines some main reasons why your work accident claim is headed to trial.
Dispute Over Liability
One primary reason why work accident claims end up in court is a dispute over liability. If the other party, usually the employer or insurance company, does not believe they are responsible for the accident, they will likely contest the claim.
The employer may claim that the injury was your fault or caused by your own negligence. On the other hand, the insurance adjuster may argue that your injury is not covered under workers' compensation or that you are not entitled to the amount you are requesting.
In such cases, arbitration or mediation may be required to attempt to resolve the dispute. However, if these negotiations do not lead to a settlement, the case may go to court to be resolved by a judge or jury.
Dispute Over the Extent of the Injury
Another reason why work accident claims may go to trial is a dispute over the extent of the injury. In some cases, the defendant may agree that the injury occurred during work hours but may not agree on the severity of the injury. The defendant may claim that the injury is not serious enough to prevent you from returning to work or may argue that your medical bills are exaggerated.
If the defendant does not agree on the extent of the injury, they may request an independent medical evaluation. The medical examination evaluates the extent of the injury and whether it was caused by the accident. If the two parties still can't agree, the case will likely go to court, where a judge or jury will determine the extent and severity of the injury.
There are several reasons why work accident claims may end up in court, such as disputes over liability, the extent of the injury, and the right to workers' compensation benefits. If you find yourself in such a situation, contact an experienced and dedicated work accident attorney. Your attorney will help you navigate the legal system, protect your rights, and maximize compensation.
For more information about work accident law, contact a local law firm.Share