Workplace injuries can be devastating for employees, leading to lost wages, medical expenses, and long-term health complications. Workers rely on workers’ compensation benefits to cover medical treatment and lost income. However, employers try to avoid liability in workplace injury cases, making it difficult for employees to receive fair compensation.
It’s a serious concern because employers take steps to avoid liability in workplace injury cases, making it difficult for injured employees to receive the compensation they deserve.
Understanding employer liability and workers’ compensation laws is crucial for employees seeking to file a workers’ compensation claim. This article explores the tactics employers use to limit their responsibility and how injured workers can protect their rights.
10 Ways Employers Try to Avoid Liability in Workplace Injury Cases
It’s necessary to know the full tactics used to avoid a personal injury claim that employers may use. The exact scenario you may face during your turn may include one of the following:
1. Misclassifying Employees
One common way employers try to avoid liability for workplace injuries is by misclassifying employees as independent contractors. Unlike employees, independent contractors are not entitled to workers’ compensation coverage. By doing so, employers attempt to shift responsibility for workplace accidents away from themselves.
If an injured worker is misclassified, they may need to take legal action to prove their employment relationship and secure workers’ compensation benefits.
2. Denying the Injury Occurred at Work
Employers may argue that an employee’s injury did not occur in the workplace or during work-related activities. This tactic is often used to deny workers’ compensation claims.
To counter this, injured employees should report workplace accidents immediately, document the injury, and seek medical attention from an authorized medical provider.
3. Failing to Report the Injury
Some employers neglect to report workplace injuries to their workers’ compensation insurance provider, delaying or preventing the claims process. This tactic can leave an injured employee struggling with medical bills and lost wages.
Employees should file a workers’ compensation claim promptly and follow up with their employer to ensure proper reporting.
4. Claiming Employee Negligence
Employers may try to shift blame by arguing that the injury resulted from the employee’s negligence rather than hazardous environments or unsafe working conditions.
While workers’ compensation laws generally provide benefits regardless of fault, employers may still use this argument to discredit claims. Proper documentation, witness statements, and medical records can help injured workers establish their case.
5. Failing to Enforce Safety Protocols
Another way employers avoid liability is by neglecting to enforce safety protocols while claiming they have implemented adequate worker safety measures. If an employer fails to provide proper protective equipment or adequate training, they may be held liable for workplace injuries.
Employees should always use personal protective equipment and report safety concerns to occupational safety authorities.
6. Retaliation Against Injured Workers
Some employers retaliate against employees who file a workers’ compensation claim by demoting, firing, or reducing their hours. This not only discourages employees from seeking the benefits they deserve but also violates workers’ compensation laws.
If an injured worker faces retaliation, they should consult a legal professional to explore their options. They can guide regarding the retaliation prevention and protection guidelines, ensuring victims do not face legal trouble.
7. Delaying or Denying Medical Treatment
Employers may delay or deny necessary medical treatment to injured employees, forcing them to pay out-of-pocket for medical expenses. Workers should seek medical attention immediately after an accident occurs and keep detailed records of their medical bills and treatment plans.
If an employer refuses to cover medical costs, legal action may be necessary. The legal action ensures your employer is obligated to pay a deserving compensation amount.
8. Disputing the Severity of the Injury
Some employers attempt to minimize the severity of an injury to reduce their financial liability. They may argue that an injury is minor or pre-existing to avoid covering medical benefits and rehabilitation costs. Injured workers should obtain a thorough medical evaluation from a qualified provider to document the extent of their injuries.
9. Encouraging Employees Not to File a Claim
Employers may persuade employees to avoid filing a workers’ compensation claim by offering to pay for medical treatment out of pocket or providing alternative compensation. However, this leaves employees vulnerable if complications arise later.
Workers should always file a formal claim to secure their legal rights and ensure proper coverage for medical expenses and lost wages.
10. Ignoring Workplace Safety Regulations
Employers who neglect workplace safety regulations increase the risk of workplace hazards and employee injuries. Safety procedures, such as proper training and preventive measures, are essential to protecting employees.
If an employer’s negligence leads to a workplace injury, they can be held liable through a personal injury lawsuit in cases of egregious negligence or intentional harm.
How Injured Employees Can Protect Their Rights
To safeguard their rights, injured workers should:
1. Report the injury immediately to their employer and document the details.
2. Seek medical attention from an authorized medical provider.
3. File a workers’ compensation claim as soon as possible.
4. Keep detailed records of medical bills, lost wages, and safety concerns.
5. Consult a legal professional if they face retaliation or claim denial.
Final Thoughts
Employers have a legal responsibility to protect employees from workplace hazards and provide workers’ compensation coverage for work-related injuries. However, some employers attempt to evade liability through various tactics, making it challenging for injured workers to receive the compensation they deserve.
By understanding employer liability and taking proactive steps, injured employees can ensure they receive the necessary workers’ compensation benefits, cover medical expenses and financial support. If an employer’s negligence or intentional harm contributed to an injury, legal action may be required to hold them accountable.
Get Assistance For Your Case With BLG
If you’re dealing with a potential employer liability and have to identify potential hazards or mistakes in safety equipment, we have you covered. Our employment lawyers can help with your lawsuit without a massive legal fees. All you need to do is let us know what you’re seeking. This ensures you get a problem-free experience and a quick compensation.
Contact our employment attorneys at Bourassa Law Group and get all the help you need. Just make sure you talk to our lawyers first before you make a decision.
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