Common principles do exist when it comes to all forms of insurance. In fact, when people think of insurance, they tend to think of the same things regardless of what kind of insurance you're talking about. Harm might occur to you, your property, or your loved ones, and having an insurance policy in place to protect you from such unfortunate incidents is not only a good idea, it can literally save you financially.
Most people understand this basic idea behind insurance and even accept it as part of modern life. What they sometimes don't understand is the extent to which not only just about everything can be insured, but certain things have to be insured when it comes to running your business.
We've all heard of examples where, say, a Hollywood celebrity had their legs insured, or even a super-model had their body and face insured. As easy as it might be to laugh of such notions, these people are in fact engaging in good business practice. They have assets that are vital to their flow of income. If anything unfortunate may happen to such assets that would jeopardize that flow of income in any way, they could literally face financial ruin. Protecting the loss of those assets, even if we're talking about legs or faces, is just smart. It's why these people get insurance.
There is absolutely no reason why this principle shouldn't be applied to things like small business insurance, for example. In fact, when focusing on small businesses, the need for insurance is probably that much more vital. A Hollywood star will probably still have financial means at their disposal even if they didn't have insurance in the event of a disaster. Most small businesses simply don't have that luxury. If something happens, and you don't have small business insurance to cover yourself, don't count on Hollywood or anyone else to bail you out. You'll be on your own.
Now, there are various things that a business owner needs to be aware of when tying to get properly insured. There are the basics ? things like coverage of your property and assets such as office equipment and even accounts receivable. There are things that are not so basic, such as liability arising for causing injury or harm to someone who will end up suing you for all their trouble. There are even things that get more complex such as errors and omissions insurance and professional liability, where just the perception of a wrong done can cost you in dollars and reputation.
It's not just about the wisdom of getting insurance. It's often about legally being required to getting insurance. This is where something like workers compensations kicks in. Yes, that's right ? workers compensation. It might be comforting to think that it's something the big companies have to give out to their employees. It also might be comforting to simply not know about it, even if it is the particular law in your jurisdiction. Yet, the risk of not addressing this aspect of insurance can not only put a huge dent in your bank account, it can even potentially put you in prison. It's why workers compensation insurance is something every small business owner has to look into before they start hiring people. The consequences of not doing so are significant.
Indeed, workers compensation forms a critical part of the history of insurance. Long before the host of Entertainment Tonight made news for insuring her legs, governments in the industrialized world were putting into law requirements that employers insure their workers in cases where they're responsible for injuries or harm done on the job or premises. It has been a significant step in the history of insurance, one which has had a great impact today for those seeking small business insurance, too.
It's why it's so important for managers and business owners to be aware of the issues involved when someone makes a claim. Generally speaking, there exist a whole range of things for which the employer is responsible under workers compensation guidelines. Even if you had absolutely nothing to do with a person getting sick, you're still responsible for compensating that person for time lost as a result of that illness. It's why a good small business insurance package needs to take these things into consideration in order to be considered the right policy for you.
There is a whole range of other things for which you could be responsible for as well ? under the law. As with so many claims regarding insurance, you may not even have ever dreamed of the possibility or have foreseen certain things coming. But that's why a proper insurance package that includes workers compensation is necessary. These kinds of packages would cover injury, illness, mishaps, accidents ? even off premises but done in conducting work for your business. Getting yourself fully insured in this regard is absolutely vital.
Another reason it's vital is, as already alluded to, you might not even see some of these claims coming. You can prepare for the worst when it comes to how you conduct your business. But you simply cannot account for all the things that can happen to people related to what you do. Somebody might even show up one day with a cast on their foot and say it happened while they were at work. They didn't report it at the time, you didn't think it could happen, but they've got a doctor's report that says the opposite, and you could be stuck with the bill. Without small business insurance that includes workers compensation, it's a scenario you won't be prepared for, and could cost you dearly.
Workers Compensation Insurance Claims
While monetary recovery is limited in workers' compensation (and has been even further limited by recent legislation), monetary recovery in the third party case can be substantial. Unlike the meager benefits available as workers' compensation, injured workers have the potential of recovering substantial verdicts and settlements in their third party cases. Damages for pain and suffering are available and juries often render verdicts in seven figures for such noneconomic damages. In extraordinary cases, punitive damages may also be recoverable. Of course, workers who prove their cases to the satisfaction of juries are also entitled to past and future medical expenses, as well as past and future lost wages or lost earning capacity. It is therefore not surprising that meritorious third party toxic injury cases often settle in six and seven figures.
Not all toxic injury cases are worth seven figures. A workers' damages are reduced by his own proportionate fault and that of his employer. If the worker got leukemia from occupational exposure to benzene, but most of his benzene exposure came from smoking cigarettes, the worker would only be entitled to that percentage of his damages attributable to the percentage of his occupational benzene exposure. However, in practice juries these days rarely find in favor of a worker whose cancer can be attributed even in part to smoking, alcohol, or recreational drugs. Equally problematic is the case of the worker whose occupational disease was primarily caused by an employer's gross negligence. In such cases, the worker may, however, have a meritorious serious and wilful claim in workers' compensation. Regarding S&W claims, if the worker has a decent third party case, you should not file a S&W claim against the employer, because it can be introduced as evidence against the worker in the third party case. If the jury's verdict is for the plaintiff for $1 million, but the jury finds that the employer was 95% at fault for causing the worker's injuries, the worker only recovers $50,000. So carefully consider whether you should file that S&W claim!
Since so many workers suffer from occupational diseases and toxic injury cases can result in large settlements and verdicts, why haven't you heard all that much about these cases? With the exception of asbestos-related disease, few law firms litigate such cases on a third party basis, for several reasons. The cases are extremely complex and difficult, primarily because the third party attorney must not only prove that the defendant was negligent or sold a defective chemical product, but that exposure to the chemical actually caused the worker's disease. It can be very difficult to prove that a worker's cancer occurring thirty or more years after occupational exposure to a chemical was caused by that chemical. Proving causation in toxic injury cases can also be very costly.
Costs in these cases typically run into six figures. Why? Many experts are necessary: a pathologist (to accurately diagnose the disease), a toxicologist (to explain the toxic effects of the chemical), an industrial hygienist (to quantify the worker's exposure to the chemical), a chemical engineer (to establish that the chemical is a defective product), an epidemiologist (to testify that workers exposed to the chemical develop the disease the plaintiff has at a significantly greater rate than those not exposed), an occupational medicine physician or medical toxicologist (to opine that exposure to the chemical caused the worker's disease based upon all the evidence and by ruling out alternative causes), a life care planner (to determine the cost of the worker's medical care), and an economist (to determine lost wages, lost home services, and to reduce the future losses to present value).
Given the difficulty of proving the case, the specialized knowledge of science and medicine required, the problem of employer and worker comparative fault, and the huge costs of bringing the case, few firms choose to litigate toxic injury cases (except for asbestos cases). For these reasons, don't expect the usual one-third referral fee for such cases. Most firms that litigate toxic injury cases will pay referral fees between 15% and 25% after deduction of costs.
Both James Cochran & Raphael Metzger are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
James Cochran has sinced written about articles on various topics from Insurance for Property, Insurance and Certified Public Accountants. James Cochran is the founder of Business Insurance Now, a web-based agent. Business Insuranc. James Cochran's top article generates over 27100 views. to your Favourites.
Raphael Metzger has sinced written about articles on various topics from IRS Tax, Workers Compensation. . Raphael Metzger's top article generates over 1900 views. to your Favourites.
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