Most business owners hope their workplaces run smoothly without any problems. However, accidents may happen when they least expect them. And when they do, injured employees have the right to file a compensation claim against your business.
However, compensating for a personal injury is no joke. Settlements in the United States can range from USD$10,000 to USD$50,000 on average. That’s a significant amount of money to pay, especially for a startup. (1)
As a small-business owner, you must know how to handle these personal injury claim cases. Correct handling lets you assist the injured party effectively while also protecting your business’s reputation.
Understand Your Rights and Responsibilities as an Employer
Just as the injured party has a right to file a claim, you, as an employer, also have your rights. For example, you must understand the injury types that are covered by workers’ compensation. You must also know how and when to report incidents in your business premises and handle any legal claims related to workplace injuries.
It’s equally important to know your responsibility to your business and employees. You’re required to provide a safe working environment, which may include safety training, equipment, or protocols. Proper awareness can also prevent pain and suffering among employees who might otherwise face preventable accidents.
Work with a Legal Professional
Personal injury claims are legal matters. Unless you’re a legal professional, it’s smart to work with an experienced personal injury lawyer. Top-rated lawyers like Matthew Willens understand the complexities and strategies involved in serious personal injury cases, knowledge that’s crucial when handling these situations. A good lawyer will guide you through the process, help you avoid costly mistakes, and protect your business.
Legal professionals can also guide you during the investigation. They know how to properly collect and organize evidence like witness statements, photos, and videos. They understand which information actually matters and ensure the investigation is unbiased. They can also bring in expert witnesses to assess who’s responsible and the extent of the injury.
Respond to and Report Incidents Immediately
In case an accident happens in your workplace, don’t let it wait. Tend to the injured promptly and call emergency services. While you’re at it, ensure the site of the accident is blocked to prevent others from potentially getting hurt, too.
It’s crucial to report a workplace accident as soon as you see it. In one report by the Bureau of Labor Statistics (BLS), around 174,000 construction workers experienced injury on the job in 2020. However, research suggests that the number may be underestimated. Estimates say that the actual number of occupational injuries could be three times higher than official reports. (2)
Failing to report an incident may undermine your business’s safety efforts. If you’re an owner, you would also want your team to report accidents as soon as possible so you can address the problems. Injury reports can help you assess your current safety protocols and decide if they need improvement.
Keep Clear Records of Accidents and Injuries
If an accident happens in your workplace, you must not sweep it under the rug. Business owners must keep detailed records of every incident, no matter how minor. Proper records show business compliance and could serve as valuable evidence in case of legal disputes.
Records of workplace incidents that cause injury should include the following details:
- The date, time, and exact location of the incident.
- Name, job title, and contact information of the injured person.
- Any witnesses present and their contact details.
It should also have a description of the incident, such as:
- A clear account of what happened, written in straightforward language.
- Sequence of events leading to the injury.
- Actions taken immediately before and after the incident.
The nature of the injury, contributing factors, response and treatments, and corrective actions are other information your reports should have. The more important details you include, the more you protect yourself and your business from misunderstandings. These documents and medical records can later serve as evidence during negotiations or litigation related to personal injury compensation.
Evaluate Settlement Amounts
Most personal injury cases settle early enough to avoid a jury trial. However, that only happens when both parties agree during settlement negotiations.
You’ll go through several settlement offers as you consult your legal counsel. That said, evaluate each option’s possible advantages, disadvantages, and costs. The goal isn’t for you as the business owner to avoid paying a single cent to the personal injury compensation claim. It’s for you and the injured party to come to a sensible agreement that benefits both sides.
When assessing settlement proposals, consider the severity, insurance policy, premises liability concerns, and impact on your reputation. Understanding compensation levels and coverage limits can also help you pursue or negotiate maximum compensation within what’s fair and lawful. Be aware, too, of the statute of limitations, which determines how long a person has to file a legal case after an accident.
Prioritize Safety and Prevention Measures at Work
After the dust has settled or long before an incident occurs, set up workplace safety measures. Regular inspections help you spot and fix potential hazards before they cause problems. You should also put in place strategies that keep your workplace safe at all times.
Some strategies you can adopt include the following:
- Improving workplace ergonomics
- Keeping all workspaces clean and organized
- Providing the appropriate tools and equipment
- Install clear signs and labels
Consider training your team on safety, too. Studies show that safety training programs are strongly correlated with 30% fewer workplace injuries. Frequent and mandated training keeps everyone on board with safety, protecting themselves, each other, and the business as a whole. (3)
However, work rules change, and as your startup grows, your safety needs will too. That’s why it’s important to provide scalable safety training to your team. Strong safety practices mean fewer personal injury cases in the long run.
Wrapping Up
Workplace accidents can happen anytime. When they do, the injured person can file a personal injury claim. As a startup owner, knowing how to handle these cases properly matters.
In any situation involving injury at work, get help from a lawyer. A skilled personal injury lawyer will help you prepare for possible legal action and protect your business from the fallout. Being ready protects both your employees and your company.
References
- “Personal Injury Settlement Statistics,” Source: https://gitnux.org/personal-injury-settlement-statistics/
- “Why Injuries Often Go Unreported,” Source: https://lhsfna.org/why-injuries-often-go-unreported/
- “Occupational Safety Protocols and Their Role in Decreasing Workplace Incidents,” Source: https://www.researchgate.net/publication/388795883_Occupational_Safety_Protocols_and_Their_Role_in_Decreasing_Workplace_Incidents
