Each accident case is unique. Accidents at the workplace are different from other personal injury cases as they fall under the worker’s compensation laws.
When do you need to prove liability for a workplace accident?
If your accident claim is eligible under the worker’s compensation, you will not be required to provide proof of negligence to receive your compensation. The worker’s compensation system is like a trade-off where the claim procedure is less complicated as you do not have to invest time and money to prove liability. However, in return the amount that you receive as worker’s compensation may not be substantial, when compared to what you could receive in a lawsuit.
Liability can be an issue in a workplace accident if:
- The accident was caused by the manufacturer of the product, or a machine used at the job.
- The employer behaved recklessly by falsely concealing injuries, modified safety equipment designed to prevent any injuries or promoted assault.
- The employer does not have a worker’s compensation coverage required by law.
- The victim of the accident is not eligible for the worker’s compensation.
In the cases mentioned above, you can file a personal injury lawsuit against the party responsible for the accident to recover fair compensation for your injuries and damages.
How can you prove liability in a workplace accident?
To prove liability in a workplace accident, you have to show that the defendant was negligent. This involves proving that the defendant had a duty of safety toward the plaintiff, and the breach of this duty caused the accident. The plaintiff further needs to prove that the injuries caused are a direct result of this accident and they have suffered financial and non-financial losses due to the injuries. For employers, it’s imperative to get their employees to complete the osha 10 online course in order to minimize the risks.
Fault can be proven in any workplace accidents by providing the necessary evidence. You need to collect evidence like photographs from the scene of the accident including what caused the accident such as was some equipment left unattended or was there a lack of proper safety equipment. You also need to note who all were present at the site of the accident and obtain their testimonies. Additionally, you should seek immediate medical help if you have been injured. The worker may also need to acquire policy manuals and internal documents of the defendant as evidence in the lawsuit, which can be obtained by seeking legal assistance. For additional legal information on proving liability for your injuries at your job: Job Sites
How can a personal injury lawyer assist you?
If you were involved in a workplace accident, it is recommended to speak to a personal injury lawyer immediately as they can evaluate your case and help determine what steps should be followed to protect your claim. Statute of limitations governing the time frame within which you can file for a lawsuit are different for each state and begin immediately after the accident has occurred. Moreover, worker’s compensation laws also differ from state to state. Hence, it is imperative to hire an experienced attorney immediately who will help in recovering compensation on your behalf and protect your legal rights.