A simple workplace accident can cause serious injuries and leave you with enduring consequences. Thankfully, the law mandates certain compensations for workplace injury to help you cope. Besides battling with your health, you may also need a lawsuit to secure your workplace injury claim. This article explains liabilities, your rights, and how to secure workplace injury claims.
Who Bears the Liability for Workplace Accidents?
An employer or employee can be liable for a workplace accident. Employers are liable for workplace accidents when they fail to uphold their duty of care. On the other hand, employees share liability when they are guilty of contributory negligence.
The duty of care requires employers to provide a safe working environment. As much as reasonable, they must maintain their employees’ welfare, safety, and health.
This means it is the employer’s responsibility to prevent occupational illnesses and workplace accidents by implementing proactive measures. An employer must conduct regular risk assessments, implement safety policies, provide safe machinery and equipment, and effective training and supervision to prevent accidents.
Most workplace accidents find employers liable because the duty of care is broad. It also covers mental health. That means the employer must maintain a stress-free working environment that offers employee support.
Employees can also be held liable due to contributory negligence, which occurs when the employee’s actions or inaction contribute to their accident and injury. Contributory negligence does not eliminate the employer from liability; it only shares liability between both parties, which will be reflected in the awarded compensation.
4 Steps to File and Secure a Workplace Injury Claim
If you suffer an injury at work due to your employer neglecting their duty of care, you should file a personal injury claim for compensation. These four steps will guide you to a satisfactory personal injury claim:
1. Report the Accident
Notify your employer about the accident as soon as possible, usually immediately after seeking medical attention. Your employer is required to record the accident in an accident report book. This record serves as documented evidence used in lawsuits. Your failure to promptly report the accident can negatively affect your claim.
2. Gather Evidence
Document the accident, collecting as much evidence as possible. Take photographs of the scene and your injuries. You can also collect witness statements and medical records and add these to your evidence file.
3. Hire an Attorney and File your Claim
Get an attorney specializing in personal or workplace injury to help gather and document evidence and file your claim accurately and within legal limits.
When you file your claim with the insurance company, they’ll assess your claim and offer compensation. If you and your attorney accept the offer, they will pay the recommended amount. However, you can file a court claim if any party rejects the recommendation.
4. Court Judgement
Filing a court claim leads to a trial where the judge determines the compensation you receive. Your personal injury lawyer will handle the legal process for a fair settlement or a satisfactory judgment.
Personal Injury Claim at Work and Job Security
Many workers decide not to pursue a personal injury claim for workplace accidents for fear of losing their jobs. However, it is illegal for an employer to terminate your job because of a work injury claim.
Just as you took legal action to secure compensation for your injuries, you can also take legal action against wrongful termination. A wrongful termination lawsuit will help recover your job, its benefits, and some compensation. Your employer knows this, so they’ll likely not attempt firing you for a compensation claim.
In addition, the law requires every business to provide liability insurance for workers’ compensation. When you file an injury claim, your lawsuit is usually against the insurance company, not directly against your organization.
Worker’s Compensation and Liability
Worker’s compensation is a type of insurance that pays benefits and wage replacement to employees who suffer work-related injuries. All states, except Texas, mandate that employers pay worker’s compensation after a workplace accident.
Unlike a personal injury claim, a worker’s compensation claim limits liability on the employer. It is a no-fault insurance, meaning that the employer and employee liabilities are irrelevant when determining compensation.
Worker’s compensation is an excellent compromise for employers and employees to prevent litigation after a workplace accident. It ensures injured employees receive swift medical care and financial relief while protecting employers from overwhelming damages and expensive lawsuits.
Types of Injuries Covered Under Worker’s Compensation
Workers’ compensation only covers specific injuries, from simple slip and fall injuries to more complex injuries involving dangerous objects and substances. Below are some key injury categories covered under worker’s compensation:
- Repetitive strain injuries: These are injuries from repetitive tasks like typing and heavy lifting.
- Slip, trip, and fall injuries: Injuries caused by hazardous work environments.
- Injuries due to exposure to toxic substances: These Include serious injuries like cancer, resulting in lung cancer claims.
- Accidents with heavy equipment and machinery: These can cause serious injuries and disabilities.
Eligibility Requirements for Workers’ Compensation
Workers’ compensation applies to all workers but not at all places and at all times. Key eligibility requirements for this compensation also vary by state. However, the following three requirements are key everywhere:
Employment Status
To qualify for workers’ compensation, an individual must be an organization employee. Independent workers and contractors do not qualify. This provision applies only to payroll workers.
Nature of Injury
The injury compensated for must arise from and during the employee’s work for the organization. Only injuries from tasks related to their roles and responsibilities will be compensated.
Employer Coverage
Your employer must have workers’ compensation coverage for you to qualify for it. Most employers are legally required to have this coverage before operating their business. However, state laws vary, and some states exempt some businesses based on their business type and size.
Endnote
The law makes many provisions for employees to be compensated for injuries and losses due to workplace injury. You can get this compensation through a personal injury claim or workers’ compensation. While you need to prove employer liability for a personal injury claim, you’ll earn workers’ compensation regardless of who holds liability for your workplace injury.
Featured photo by Mikael Blomkvist
