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| Accidents At Work --- For Yourself |
| Introduction |
Every employer is answerable for his employees’ safety. He has to make sure that his employees are secure and safe while working; that employees are proficient; that anything used by the employees is proper and safe and that employees work in risk-free place.
The laws vary from state to state. However, it is generally advisable to consult an experienced attorney for complicated cases.You may have to fully recover from the injury and then only file a case if any. In most cases you need not even go to court, as the worker compensation laws help you to get your compensation easily. But in some cases, where the employer refuses to pay you, then you may have to consider going to court for filing a case. The attorney will take care of this aspect.
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| The Law Says, |
Your employer’s duty is to provide for the safety of his employees and it covers a wider area of expertise. Generally speaking, your employer is likely to be liable:
(i) If you were wounded/hurt/injured by another worker when you were at work and the accident occurred as your employer did not take enough precautions/care.
(ii) If you were wounded/hurt/injured due to the way your job was done and the accident occurred as your employer did not have a ‘safe’ way of doing the work or the employer did not make an effort to see that the workers use the ‘safe’ system. Your employer may also be held liable if healthy and security training was not provided or adequate supervision or consideration of disability/inexperience in your part was overlooked.
(iii) If you were wounded/hurt/injured because safe and adequate equipment was not provided to you. Your employer may also be held liable/responsible if he did not provide safe and exact information on how to use the equipment, additionally the employer did not take necessary and required steps to protect you from dangerous equipment, or did not maintain defect free tools.
(iv) If you were wounded/hurt/injured when you were lifting, carrying or moving an equipment or similar tools/machines. For example, if the employer did not take required action to avoid the necessity for you to lift the load or necessary steps to lift and there upon work with the equipment.
(v) If you were wounded/hurt/injured because the hygienic conditions were not maintained up to the standard or your workplace, also the surroundings/environment was not clean or did not have enough lighting facilities and because of which you tripped and fell on the floor or something fell on you.
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| In order to make successfully make a claim, you should highlight your employer’s actions or inactions which caused your injury. If in any case you would have suffered the injury irrespective of employers actions/inactions then the employer will not be held responsible. |
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You can claim compensation for:
(i) The pain and suffering that you had to undergo.
(ii) Not being able to do certain activities because of your injury.
(iii) Loss of salary (to the date of trial and for future losses).
(iv) Present and future expenses that you had to incur due to the injury (e.g. traveling to the doctor, medication charges, buying equipment to deal with your injury etc).
(v) The cost or value of care that you receive and will need to receive in the future because of the injury.
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You may be able to recover interest on your compensation. But, your compensation will be reduced if:
(i) You were partially cause of your injuries, e.g. if you did not take enough care for your own safety or you failed to comply with certain legal safety obligations.
(ii) You received state reimbursement that paid for the damages due to your loss of wages, loss of mobility and care you received.
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