Is it Better to Go to Court or to Accept a Settlement?

Following an injury on the job, the things you used to take for granted can become more difficult. This includes going to work and carrying out the tasks you do day-to-day. 

When presented with the choice, you may be wondering if it’s better to go to court or accept a settlement. A San Diego personal injury lawyer can help you understand your rights.

Who Is Able to Receive a Settlement?

A settlement is a financial arrangement that makes up for damages resulting from an accident. A part of civil law, settlements can be reached between private individuals—for example, when one driver is injured in a car accident that was someone else’s fault—or between an employer and employee.

The key factor that determines whether a settlement is possible is negligence. Negligence is the idea that your accident was caused by the carelessness of the at-fault party. When you get hurt on the job, the injury could be your employer’s fault.

Workplace injuries can often be chalked up to lack of training, faulty or defective equipment, or lack of breaks from strenuous activity. Some common workplace accidents that lead to settlements include:

• Slips, trips, and falls – Wet, greasy, or otherwise unsafe surfaces can be common in many work environments. A slip-and-fall can leave you with back injuries, brain injuries, or a broken bone.

• Getting hit by falling objects – A heavy object that falls off a shelf or out of a cupboard has the potential to cause serious injury to employees.

• Collisions, crashes, and similar accidents – Getting hit by or crashing into a piece of heavy equipment, such as a forklift, could leave an employee seriously banged up.

• Inhalation of noxious fumes – Although this one is indeed dependent on the line of work you’re in, employees who work with chemicals could be exposed to dangerous fumes if lacking the proper protective equipment.

What Are My Options if I’ve Been Injured at Work?

Unfortunately, many employees are unaware of their rights following an injury on the job. If you’ve been injured on the job, you should know your options.

Inadequate preparation by an employer that leads to an employee’s injury is a violation of that worker’s rights. If you’re worried about the consequences of refusing to work following your injury, a workplace injury lawyer can help you make a case for a financial settlement against the responsible party.

Speak to a Workplace Injury Lawyer

Worker’s compensation pay may not be enough to cover the costs of your injury. You deserve a settlement that truly reflects the harm that’s been done to you. The Kindley Firm, APC, has the experienced, go-to attorneys for your workplace injury claim in San Diego.

Want to speak to a workplace injury lawyer? Call 619-550-1313 to get started with a no-obligation consultation.