How To Safeguard Yourself From Baseless Catastrophic Injury Claims?
by Sumona Legal 10 December 2021
Conducting a business is easier said than done. Given the rising costs, paying for the injuries falsely claimed by employees can make it more difficult for business owners to run their operations profitably.
Malicious employees might file claims for catastrophic injuries in the workplace although the reality differs widely.
Tips For Entrepreneurs To Keep Themselves Safeguarded From Baseless Catastrophic Injury Claims Of Workers
Entrepreneurs can keep themselves safeguarded by following these points of defense:
i). If the employer can prove that the accident occurred under the influence of alcohol or drugs, then he will not be held liable to honor the claim of employees. Drinking during office hours is not permissible. However, proving the same can be a difficult affair and this is where experts at Kalfayan Merjanian, LLP can come to your assistance.
Gathering sufficient evidence in the form of medical tests conducted on the employee during the time of injury can strengthen the employer’s defense. But for optimum accuracy, the tests need to be conducted instantly.
Having some witnesses to testify in your favor can be of great help. Someone might see the employee doing drugs or drinking before the actual accident causing them to bump into things, walk erratically or have a glazed look in their eyes. Employers can avail such information in their favor to prove the intoxication of employees.
ii). Catastrophic injuries at the workplace do not cover cases where employees intentionally hurt themselves to secure a hefty claim from the entrepreneur.
Proving that the injuries are intentional can allow an employer to completely deny offering benefits to their employees. However, it remains the employer’s liability to prove that the injury was intentionally caused by the employee.
iii). Claims made by the employee can be denied if he is found guilty of displaying reckless behavior or engaging in misconduct at the time of injury.
The employee has to get statements from eyewitnesses and review surveillance footage to gain a clear picture of how the injury occurred.
iv). Often employees have underlying medical conditions which might get triggered without any prior warning leading to catastrophic accidents in the workplace.
Some examples of such conditions are heart attack, seizure, and stroke. Employers need to gather sufficient medical evidence to prove that the accident occurred due to a pre-existing condition and was not caused by the work environment.
v). If the injury occurs at a place and time which is not related to work, then the employer cannot be held liable to pay for the compensation.
The covid era ushered a work from the home culture around the globe but simply getting injured from maybe spilling hot coffee cannot be technically treated as an injury arising from work.
Conclusion
Seeking the assistance of professional attorneys can help entrepreneurs find loopholes in the claims made falsely by the employees. They are experts in the field and have dealt with similar instances previously. Entrepreneurs can expect a quick and easy respite from their problem once they have the backing of legal experts who can assess the situation in its true light and come up with a viable game plan.
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