Determining Fault for Injury in The Work Place

Fault is the key issue in any personal injury lawsuit stemming from an injury in the work place.  In order to win an injured person must be able to prove he was owed a duty and that duty was breached resulting in an injury.

Employers Must Provide a Safe Work Environment

Generally speaking, an employer owes his employees a duty to provide a safe work environment as well as the same kinds of warnings a company would owe its customers to potential hazards like wet floors or raised cement on the sidewalk, etc.  An employee who is injured as a result of premises hazards which could have been repaired or should have had warnings nearby may have a claim against the employer (or the maintenance company responsible for the property).  An employee would have to prove that he did not have notice of the hazard though and an employer will try to use that notice as a defense to the claim for fault.

Employers Must Provide Training and Procedures

All employers have a duty to follow workplace guidelines and must provide proper training to employees. There are industry standards for most kinds of work and employers are required to know and to implement a minimum of the industry standard safety measures in the workplace.  The work place can also include any job site where an employee works, which would include construction sites and roadways depending on the line of work.  Employers are subject to state, and sometimes federal, standards for safety in the workplace.  An employer who fails to follow the standards required by law can be held liable if an employee is injured as a result of the failure to follow standards.

Training and procedures are often keys to proving fault in a workplace injury. Employers are responsible for providing training.  Any employee who works in a hazardous position must be fully informed of the potential for injury and must be taught how to avoid it. For example, any worker who must work near power lines must be trained by his employer of the dangers the power lines present as well as the safest way to work around power lines.

Employees Can Be Liable Too

Employees can also be liable for their own injuries at work. An employee who has been properly trained and chooses to take shortcuts or to not follow the training he has been provided may not be able to make a claim against an employer for a workplace injury. An employee who knowingly ignores warning of hazards or who acts recklessly while on the job would also be held liable for his own injuries at work.

Getting Legal Help

An employee who is injured on the job may be entitled to worker’s compensation or to personal injury benefits. An employer will typically require an employee to complete an injury report immediately following a workplace injury. The first report is often a key piece of evidence in a personal injury case involving a workplace injury. An experienced personal injury attorney can provide a free consultation and assess a case for the possible fault of the employer. The sooner you contact an attorney, the more likely your rights will be protected.

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