Workplace injuries and illnesses have decreased in recent years, but millions still occur annually. Most can be avoided and often happen due to neglect. But what exactly does negligence mean when it comes to workplace injuries, and how can you tell if an accident is a legal personal injury case? Let’s dive into this topic.
Understanding Negligence in the Workplace
To hold someone accountable for a personal injury, negligence must be proven. Negligence consists of several components.
First, there’s the duty of care. A court needs to determine if an employer is responsible for ensuring a safe and healthy working environment, which is typically the case. Then, it must be shown that the employer has failed to uphold this duty. Proving a breach of duty can be tricky; it needs to be reasonable. For instance, placing an inexperienced worker in a challenging or hazardous role clearly violates duty of care, but the situation might differ if the employee is merely inadequately trained. Additionally, there must be a clear injury; even with employer negligence, there’s no case without potential damages.
Types of Workplace Negligence
Workplace negligence can take many forms.
One is negligent hiring. When bringing in new employees, employers must ensure they are qualified for their roles (with necessary training) and do not pose a risk to others, often verified through background checks.
Another type is negligent retention. If an employee consistently displays unsafe behavior despite training, it’s up to the employer to either reassign them or let them go.
Proper training is crucial to prevent many accidents, even in risky jobs. Employers must provide adequate training to avoid liability for accidents that result from a lack of training. For example, if an employer doesn’t fully train an employee on operating essential machinery, they are liable if an accident occurs. Lastly, employers are expected to provide reasonable supervision.
Do You Have a Negligence Case?
If you’ve suffered a workplace injury, you might wonder if negligence is involved. If these scenarios sound familiar, you could have a personal injury case. It’s crucial to consult with a qualified personal injury lawyer to confirm this and ensure you receive the compensation you deserve. Don’t let your employer avoid responsibility for negligence.
