Workplace injuries are surprisingly common. In 2015, more than 2.9 million workplace injuries and illnesses were reported. Many of these injuries are minor and do not affect the employee long term. In other cases, the injury can affect the employee's quality of life and may be a result of employer negligence. In these cases, hiring a personal injury attorney may be the best way to ensure that the employee receives the compensation they need to handle their medical bills and to be able provide for themselves. Here are three things to consider when suing an employer after a workplace injury.
Lawyer Fees May Be Higher Than Expected
One thing to consider is that the services of a lawyer may be pricier than expected. Many personal injury lawyers work on contingency, which means they take a percentage of the settlement. This percentage is usually between 33% and 40% of the settlement. There are also other fees associated with these cases. Getting things like medical records, police reports, and expert witnesses can cost money. The client will be on the hook for these expenses later on down the road. The potential high price of a case is something an employee should consider before suing.
The Punitive Damages May Be Taxed
When it comes to personal injury cases, the settlement money is not taxable. However, punitive damages are taxable. If punitive damages are awarded, it's important to make sure that the tax situation is fully understood. This is also very important when working with a personal injury attorney who is charging a contingency fee. Taxes on top of contingency fees can leave the employee with far less money than they may expect.
Statue Of Limitations Can Apply
When it comes to workplace injuries, it can take time to gather all of the necessary paperwork and medical records needed to file a lawsuit. However, it's important to remember that there may be a time limit on being able to file a lawsuit. This time limit or deadline is referred to as a statue of limitations. For personal injury lawsuits, the statue of limitations varies from state to state, but it usually ranges from one to six years from the date of the injury. It's important for anyone injured at work to file their lawsuit before the statue of limitations runs out.
Suing an employer after a workplace injury can be a long process and difficult process. However, in cases where an employee's life is changed due to employer error, a lawsuit may be needed. Three things to consider when suing include how much the lawyer fees will cost, taxes after damages are awarded, and whether or not a statue of limitations will apply. For more information, contact a personal injury lawyer like Jack W Hanemann, P.S.