Workplace Injuries: When To Go To Court
So how do you know when or if you can seek financial compensation for your injuries?
It all depends on whether your company's actions or neglect is the cause of your injury. If you can prove that the company is liable then you have a case.
So how do you know whether your company is liable for your injuries?
Again, it depends on whether their actions or neglect is what caused your injury. This does not necessarily mean that your employer has to have directly caused the incident for the company to be held responsible. In most cases it tends to boil down to four ways that your company can be liable for your injuries.
Poor Supervision Or Lack Of Training
When you are new to a job, it is the responsibility of the company to educate you in how to do your job in the safest method possible. This can include how to operate equipment, use cleaning chemicals properly, and safe ways to do heavy lifting. If your accident involves incorrect equipment usage or incorrect procedure because you were uninformed of the proper way, then it is the company's fault that the accident occurred.
The Failure Of Others To Follow Procedure
Usually, your place of work is designed to ensure you and others safety as much as possible. However, individual employees or even the company may take shortcuts in order to get the job done quicker or cheaper. If you are following the proper procedure, but become injured to someone else breaking protocol, they may be responsible for your injuries.
Working In An Unsafe Environment
Your employer is responsible for providing you with a safe working environment for all employees. If your injury is a direct result of the employer neglecting to do this duty, your employer is liable. There are a variety of ways for an environment to be considered unsafe. This can include improper use of pesticides, lack of safety barriers, exposure to chemicals, and waxing a floor without putting up a sign.
However, it important to note that some jobs may require you to deal with dangerous chemicals, machinery or other things that are considered unsafe. For these types of jobs, as long as your trained in proper use and given the safety equipment necessary, they may not be liable.
Faulty Products Or Equipment
If you are using a product or piece of equipment that fails and causes an injury, an investigation needs to be conducted to understand why it failed. If it is shown that the equipment failed due to employers neglecting to repair it or not conducting their own inspection of the device to determine whether if was safe for use, they may be liable for your injuries. However, in some causes the manufacturers of the product itself may be liable instead.
If you live or work near the St. Petersburg area and you believe your company is liable for your injuries, you should contact the St. Pete Lawyer for a free case review. Let us help you get the compensation your entitled to!