You’ve all seen these workers that dangle from high places working on bridges or washing windows of skyscrapers. It’s easy to imagine there are injuries from a job like this. And factory workers; they work with machinery all the time. It’s easy to imagine there would be accidents there too. When someone gets hurt on the job, can they file a personal injury suit against their employer?
Most people who get hurt on the job receive worker’s compensation while they are out. The employer has worker’s compensation insurance to cover medical expenses and lost wages. If this is the case, is someone entitled to sue? The answer is, maybe. The difference between worker’s compensation and personal injury claims is whether there is fault or not. If the employee was injured due to a practice of the employer, the employee can file a lawsuit.
Many times, employers are guilty of not training personnel on safety procedures. If someone is working high above the ground, there is safety equipment they are required to wear and procedures they are required to follow. The same goes for operating machinery. Equipment like heavy gloves, hard hats or safety glasses are typical examples of safety equipment. A majority of employers do adhere to strict safety rules. But some try and save a few dollars by skimping on equipment and training. If one of their employees gets injured, they will end up paying damages.
Faulty equipment can also cause injuries on the job. In cases where equipment that is used in the day to day operation of the job fails, causing an injury, it needs to be determined if the equipment arrived with a defect or if the employer was negligent about its maintenance. Perhaps a police officer, who drives a certain brand of car, had the brakes fail, causing him to crash into a tree. Did the brakes fail because they were defective or not maintained by the police department’s mechanic?
When looking to receive worker’s compensation, fault is not necessary to prove. If the employee was not paying attention or disregarded safety procedures, they are still eligible for worker’s compensation. The limitation of worker’s compensation disallows someone from collecting for pain and suffering from those injuries on the job. This type of claim needs to be taken to court for personal injury. Accidents happen everywhere. Negligence will determine if someone is to be held liable.