Workers Compensation: Your Safety Net

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Workers Compensation: Your Safety Net

You put your heart and soul into your job, so it seems only fair that you should be protected from harm while you’re there. Most good employers do go out of their way to provide safety training and equipment to keep their workers safe and protected from any hazards. Federal agencies, like the Occupational Safety and Health Administration, also have standards in place for employers to follow to keep their workers safe. However, sometimes accidents happen anyway, and when they do, workers compensation is meant to be your safety net. Most of the time, if you follow your company’s procedures for filing a workers compensation claim, you’ll be paid with no trouble. However, I know from experience that it isn’t always that easy. I started this blog to help you learn what to do when your company or their insurance company denies your workers compensation claim.

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If, for whatever reason, you have decided to build a fort and a wall around your property, that is your right. If you also booby-trap your property and your house, you may find that you will be sued for injury, even when you did so for personal protection. If someone steps foot on your property and is injured by one of your traps or "safety" devices, you could be sued. Even would-be trespassers and thieves could sue, and here is why.

They Were Injured on Your Property

The reason for being on your property or in your house in the first place has no relevancy in a personal injury lawsuit. The injured party can still sue you and your homeowner's insurance for their injuries and medical bills. Given the very nature of how these people were injured (e.g., a land mine in the yard, hot oil dumped on his/her head at the front door, etc.), the judge would entertain the injured party's lawsuit and grant them compensation without taking into account the illegal activity or intended illegal activity that brought them over your fortress wall and into danger.

They Can Argue That They Had No Illegal Intentions

Even if you have NEVER seen the injured parties before and do not know them, they can still argue that they did not enter your home or your property for illegal intentions. You may suspect and/or know that illegal activity was the reason for their presence, but without proof they just appear to be innocent victims of your heavily-guarded fortress. It is your word against theirs, and their injuries will speak volumes in the courtroom. That is more than likely the argument and approach their personal injury attorney(s) will take in court, so you need to be ready to counteract that.

What You Can File a Countersuit For

Most homeowners are typically apologetic and willing to accept responsibility for injuries that occurred on their properties. However, since you intentionally set up oversized boundaries and booby traps to keep people out, and the walls failed and the traps were triggered, you may be able to file a countersuit for damages to your property. You would have to show that those that invaded your space, even with clear warnings posted and numerous deterrents installed, people managed to enter your property and/or home without your permission.

It then becomes a question of self-defense and the right to protect what is yours. Then you can argue that these people were trespassing, at the very least, and had they not trespassed, they would not have been injured. Because they trespassed and triggered traps (traps that are illegal and should not have been set in the first place) and that their actions caused property damage, you could attempt to file for compensation on these grounds, but make sure you have a very good attorney who can argue these points (or help you find more information).