Accident in the workplace: is the employer liable?
Whether we are talking about machine entanglement, overextension injury, slip-and-fall, vehicle accident, falling from height or falling object injury, all employees have to be aware of potential dangers in the working area and take safety measurements. For instance, men handling heavy machines cannot fall prey to distractions because a second of negligence can lead to major consequences. Furthermore, women working in factories always have to wear the adequate equipment in order to protect their hair and nails during operations. According to Occupational Safety and Health (OSH), the accident or injury does not even have to happen on the company’s property or during working hours for the employer to take action in his worker’s favor. Lunch breaks or business trips also represent occasions for dangerous hazards, thus affecting the employee while performing a service for ensuring the business development. Of course, there are exceptions. If the employer consumed alcoholic beverages or illegal substances, then he is at fault for the accident or injury.
The employer must maintain a safe working environment
Since this article mainly focuses on the employee’s responsibility, we have to answer an important question: when does the employer face legal liability for his worker’s injuries? Just like in other cases of personal injury, the other party is liable when his or her negligence caused the incident in the first place. In this case, lawyers from Soofer Law Group have the mission to use the available pieces of information in order to help the victim seek compensation and win the case. As long as the employer relies on numerous employees to achieve success on the market, he has the responsibility to provide and maintain a safe environment in order to prevent potential incidents. The working area should not present hazards like exposed wiring leading to serious harm for the employees or even death. If the employer does not follow these instructions, he inevitably receives penalties and citations. If this negligence actually results in a serious accident where one of the employees suffers physical and emotional injuries, then the employer is legally liable and he cannot overlook the employee’s claim.
The employee has the right to receive compensation and inspect the working area
Moving on to the other party involved in the situation, namely the victim, he or she will most likely recover in the hospital and lose wages. Consequently, the employer must use worker’s compensation insurance to cover the medical expenses and welcome back the employee when he or she becomes physically capable of working again. Since we are talking about the employee, according to the Occupational Health and Safety (OHS), he or she enjoy the right to not only receive compensation in case of accident in the workplace, but also inspect the working area for potential hazards and use the copies of the results in their advantage when the decisive moment comes. The employee should not attempt to blame the employer for any type of injury as long as he is at fault for not taking the necessary safety precautions.