Is My Workplace Responsible For My Injury?
Workplaces should be places where employees can perform their duties without fear of injury, but the reality is people do get injured at work. If you suffered injuries while on the job, you are likely wondering if your employer is responsible for the incident and, if so, if they should provide you with financial relief.
To explore the concept of workplace responsibility, connect with a Miami personal injury attorney. Legal professionals know what factors are required when it comes to employers maintaining a safe space and when compensation is possible after a workplace injury.
Workplace Responsibility for Employee Safety
Providing workers with a safe working environment is not simply a kind thing to do, it is a legal obligation under state labor laws and Occupational Safety and Health Administration (OSHA) regulations. Because of these requirements, employers need to identify potential hazards, implement safety protocols, and take the necessary steps to be sure they are in compliance with safety standards relevant to their industry.
While it is true that there will be differences in workplace safety measures from industry to industry, generally responsibilities for maintaining a safe space will include the following.
- Risk and hazard assessments. Employers must have a schedule in place for conducting regular risk assessments as doing so is a proven way to identify potential hazards in the workplace. For some businesses this will involve equipment reviews while others may need to analyze substance risks.
- Safety training. Additionally, there needs to be a comprehensive safety training plan that is understood by all employees, so workers are aware of potential risks, are equipped with the knowledge to prevent accidents, and know what to do should an accident occur.
- Protocols and procedures. Employers should establish clear safety protocols and procedures for employees to follow, such as emergency response plans, proper equipment usage, and general behavior requirements through shared workspaces.
- Maintenance and inspections. Regular maintenance and inspections of the workplace is essential to identify and rectify potential hazards promptly.
While the first path for recovery when employees are injured is typically workers’ compensation benefits, as those are available regardless of fault, there could be a path to pursuing damages through personal injury legal action if you believe your employer was negligent or participated in an intentional behavior that directly contributed to your injury.
Workers’ Compensation vs. Personal Injury
Workers’ comp is vital to many worker treatment plans as the benefits supply compensation for medical expenses, temporary or permanent disability benefits, and vocational rehabilitation. That said, it may not fully compensate you for non-economic damages like pain and suffering. If you want to discuss pursuing a personal injury lawsuit because you want to seek compensation for these intangible losses and potentially receive a higher settlement, connect with a Miami personal injury attorney.
What were you doing at work when you were injured? Talk to the skilled lawyers at Spencer Morgan Law. By assessing the circumstances of each case and identifying potential avenues for compensation, an attorney can help you access damages and move forward with confidence. Call 305-423-3800 now for a no-cost, confidential assessment.