Workplace accidents are common, and they can result in severe injuries. They include slips, falls, trips, exposure to toxic fumes, collisions, crashes, being hit by a falling object, electrocution, a fall from height, burns, or even death. When you encounter a workplace accident, you can hold your employer liable, but it depends on the circumstances under which the accident occurred.
All employers are legally liable for the health, safety, and wellbeing of their employees at the workplace onsite, offsite, and even during training courses organized by the company. Find out how you can hold your employer liable for a workplace accident.
Proving employer liability
Your employer may have failed to do several things to ensure your safety in the workplace leading to the accident. For instance:
- You did not receive adequate training to complete a job, for example, operating machinery, equipment, or tools.
- Your employer failed to maintain machinery in good working condition.
- Your employer did not provide industry-standard protective equipment.
- They did not provide proper training for handling hazardous substances.
- They did not put hazard signs on potentially dangerous sites in the work environment.
- The work environment wasn’t kept clean and free from obstacles.
- The injuries you have would have been prevented if your employer had set the correct safety measures in place.
You can prove employer liability under the circumstances mentioned above and more. If you are doubtful whether your employer is liable for your workplace accident, it is advisable to consult a professional personal injury attorney in Preoria.
You must also prove the employer’s duty of care.
All employers in Arizona have a duty of care towards their employees, which means they must set all reasonable measures to protect the health, safety, and wellbeing of their workers. They must ensure employees’ physical safety and mental wellbeing while at work which is a legal, moral and ethical duty.
The employer’s duty of care includes ensuring:
- A safe work environment.
- Clearly defined jobs.
- Conducting risk assessments.
- Providing adequate rest areas.
- Staff is not working excessively long hours.
- All employees are protected from discrimination in the workplace.
- That employees are in a position to raise concerns in the workplace.
- All employees are protected from harassment or bullying from fellow employees.
You can hold your employer liable if they disregard their duty of care towards you and you suffer an injury as a result. You can seek compensation through a personal injury claim.
Who settles the compensation?
This is where workers’ compensation insurance comes in. All employers in Arizona must have liability and workers’ compensation insurance. When you encounter an accident at work, it is upon the insurance provider to handle the aspects of the case, including the investigations.
The insurer also pays the compensation amount you win in the personal injury claim against your employer. Insurance companies often try to offer lower initial settlements, so it is best to consult a personal injury lawyer before signing anything. They can ensure you get a fair compensation amount.
The bottom line
You have a legal right to hold your employer accountable for a workplace injury if they breached their duty of care towards you.