For many of us, the prospect of being injured at work isn’t just problematic—it’s downright terrifying. We have been brought up with a strong work ethic that doesn’t allow for many days off or downshifts in our workload. But once injured, all of that goes away. Now the fear becomes whether or not we will be able to pay our medical bills or provide for our families. It doesn’t have to be that way, however. If you are injured on the job due to Negligence in the workplace of others, then you are entitled to restitution to compensate you for your bills, lost wages, and possibly pain and suffering. For more information call our Fort Lauderdale workplace negligence lawyer.
Negligence is not always an open-and-shut case. If a janitor has just spilled a bucket of mop water and you slip and fall, it would only be considered negligent if the janitor did not place a “Wet Floor” sign out to warn you. If they do follow regulations and requirements and you ignored them, then you are the one who has been careless. The fall and resulting injuries are your responsibility. However, if the janitor was never given “Wet Floor” signs to put out, then that becomes a much larger issue. If you want to sue an employer for negligence take the help of a lawyer for legal help. Here, then, are the basics of what every worker should know about workplace negligence.
What are The Four Types of Negligent Behavior?
There are generally four main types of issues that may constitute negligent behavior in the workplace (http://blogs.findlaw.com/injured/2013/11/4-potential-ways-to-prove-employer-negligence.html). These include:
Workplace Negligent hiring
—When an employer hires a new employee, the employer must make sure that this new hire is actually qualified to do the work that is required. The employer also has the mandate to keep his or her employee’s safe. That is why they conduct background checks, be it an actual formal check with law enforcement or just an informal call to references and previous employers. As an example, an employer would be considered negligent if he failed to do a background check on a new hire only to later find out that this employee was fired from a previous job for assaulting a co-worker. If this person is hired and then assaults another co-worker, then the employer could be held liable for this assault. If you injured in work and need to take legal action call our workplace or Fort Myers personal injury lawyer.
—Once an employee has been hired, it is the responsibility of the employer to ensure that he goes through proper training for the job. If you are hired, for instance, to work in a deli, then the owner should train you on how to use the meat slicer. If he did not and you slice your finger or have a similar accident, then the employer would be responsible. Similarly, if you worked on a construction site and were not trained on how to properly use the equipment, then you could injure others and then they could hold the employer’s negligence duty of Work for their injuries.
—Once an employee has been hired and trained, he or she must still need to be properly supervised. Failure to do so is negligent supervision. If a worker, for instance, threatens another employee and is not disciplined properly, and then he assaults the threatened party, then the employer can be held responsible for injuries inflicted in the assault. An employer should know exactly what is going on in his or her business and take steps to handle potential issues before they become serious problems.
—The final area is negligent retention. If an employee is properly hired, trained, and supervised, but still displays worrisome, violent or careless behavior in the workplace, then it is the responsibility of the employer to protect his other employees by terminating the “bad apple.” If an employee has a repeated history of sexually harassing co-workers and is not terminated, then the employer can be found responsible for the concept of negligent retention.
How to Prove a Workplace Negligence Claim?
Most courts follow a four-point test to determine if an employee has been injured in the workplace as a result of negligence. These include:
Duty of care
—The court will want to know if the employer owed a “duty of care” to the employee. Any employer owes his workers a safe working environment governed by reasonable regulations such as those defined by OSHA.
Breach of duty
—Once the plaintiff has established that he was owed a duty of care, he must show how the employer violated or breached that duty. The court here will want to know if the breach of duty was “reasonable.” In other words, could the employer have foreseen the potential danger, such as an employer who runs a fast-food restaurant being able to foresee that an untrained employee should not operate a deep fryer?
—If an employer has an unsafe working environment, a suit still can’t be brought if no one is injured. They can be reported for failing to follow safety guidelines. But if you wish to actually bring a legal claim, then the plaintiff has to actually have an injury.
—It isn’t enough to have an injury. An employee has to show that the injury was caused by the employer’s breach of duty. If the employee’s injury was not directly caused by the employer’s actions, then the court will side with the defendant.
For more legal help in your negligence case contact Fort Lauderdale personal injury lawyer at The law offices of Wolf & Pravato.
Personal Injury Lawsuit With a Workplace Negligence Claim
In short, you cannot file both a workers’ compensation claim and a personal injury lawsuit against your employer. However, you may be able to file a lawsuit against a third party whose action or inaction contributed to your injuries and losses.
If you have been injured or contracted a serious illness while working, then you may have grounds for a personal injury claim against a third-party contractor, for instance, if they did not take necessary precautions when using tools or vehicles on a worksite (and you were injured in the process).
When an Employee Negligence Personal Injury Claim is Appropriate
There are no single criteria for when a personal injury claim is appropriate, but some characteristics of a workplace or job that qualify you to bring a personal injury claim against a third party—that is not your employer—could include:
- A third party does not follow appropriate rules or regulations when working near or with dangerous substances, such as asbestos
- Reckless operation of tools, vehicles, or equipment
- Negligent work practices that endanger others around them, like using their phone under unsafe conditions or not holding a ladder you were standing on
A Fort Myers personal injury lawyer could help you determine if you suffered any injury or loss that could enable you to pursue damages from a third party with whom you worked.
Injuries That May Warrant a Job Negligence Claim
An injury that you suffer while on the job, or a sickness you contract because of workplace conditions—may be enough for you to bring a claim against a liable third party. There are some work-related injuries and ailments that justify bringing a personal injury claim, and they include:
- Spinal cord injury
- Broken back
- The concussion from one or more objects falling on your head
- Nerve damage
- Slipped disc
- Cancer from being exposed to asbestos
These are just some of the many possible injuries and ailments that can happen in the workplace. If you have suffered one of these or another affliction due to conditions in your workplace affected by a third party, call a lawyer today.
Personal Injury or Negligence Workplace Lawyer Can Help You File an Injury Lawsuit
Lawyers have knowledge of personal injury law and cases similar to yours. If you were injured on the job, a lawyer will be able to help you pursue compensation. Some of the responsibilities of your workers’ compensation or Fort Lauderdale personal injury lawyer will include:
- Speaking with you in person or over the phone to get a clear picture of how your injury or illness occurred
- Filing your case as soon as possible
- Collecting and organizing any evidence of wrongdoing by your employer
- Handling your case from start to finish
- Defending your rights throughout the legal process
Lawyers can help you in many ways.
Potentially Recoverable Damages in a Workplace Negligence Lawsuit
If your workers’ compensation lawyer is successful in proving a third party’s negligent or reckless actions contributed to or caused your injuries, you may collect financial awards to cover:
- Medical bills stemming from your injury
- Lost wages
- Pain and suffering
- Any long-term disability or diminished earning power
You could be entitled to additional compensation based on the details of your case.
Contact Our Lawyers For Workplace Negligence Lawsuit Lawyer Florida
Workplace injuries can be debilitating and can make it very difficult for you to provide for your family. The attorneys at Law Offices of Wolf & Pravato are experienced at helping those injured in such a manner to gain the compensation they deserve. Contact them today for a free consultation to review your situation and case.