work injury comp is a system that benefits employees who are injured or become ill due to their job. Benefits can include medical expenses, income replacement, and death benefits. Workers’ compensation is usually mandatory in most jurisdictions; meaning employers must provide coverage for their employees.
In many cases, workers’ compensation will be the only recourse an injured employee has against their employer. This is because workers’ compensation is designed to be a no-fault system. This means employees do not have to prove their employer was at fault for their injury to receive benefits.
Negligence in Work Injury Compensation
According to the National Safety Council (NSC), negligence is a primary factor in workers’ compensation claims. In fact, statistics show that negligence is the leading cause of workers’ compensation claims in the United States.
So what is negligence? And what can employers do to prevent it from happening in their workplace?
Negligence is defined as a failure to take proper care in doing something. In the context of workers’ compensation, negligence can occur when an employer fails to provide a safe work environment or when an employee fails to follow safety procedures.
Prevention is the key to reducing negligence in the workplace. Employers should provide their employees with adequate training on safety procedures and make sure that the work environment is safe. Employees should also be diligent in following safety procedures.
In some cases, workers’ compensation may not be available. If someone else’s negligence caused your injury, you might be able to file a personal injury lawsuit. For example, if you were injured in a car accident while on the job, you would not be eligible for workers’ compensation benefits, but you could file a personal injury lawsuit against the at-fault driver.
However, even if an employee can technically file a personal injury lawsuit against their employer (if they can prove that the employer was negligent), it is not recommended unless it’s a contract worker. Another exception could be an employer refusing to file a work injury compensation case.
If you have been injured at work, you must speak with an experienced workers’ compensation attorney who can help you understand your rights and options. An attorney can help you determine whether you should file a workers’ compensation claim or a personal injury lawsuit.
Employer’s Negligence & Work Injury Compensation
As an employee, you have certain rights if you are injured at work due to your employer’s negligence. It is essential to understand these rights to take appropriate action if you are ever in this situation.
Your employer must provide a safe work environment for you and take reasonable steps to prevent accidents. If your employer fails in this duty and you are injured. As a result, you may be able to file a claim against them.
To succeed in a negligence claim, you must show that your employer breached their duty of care to you and that this breach resulted in your injury. If you can prove these elements, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering.
Filing A Work Injury Compensation Claim Against Employer Negligence
If you have been injured at work, you may be eligible to file a claim against your employer for compensation. However, before you can do so, you will need to follow these five steps:
- Report the incident to your employer.
- Gather evidence to support your claim.
- Seek medical treatment for your injuries.
- File a claim with the relevant government body.
- Speak to a work injury lawyer about your options.
Contact Us at Pistiolas Law: Workers’ Compensation Attorney
At Pistiolas Law: Workers’ Compensation Attorney, we understand that being injured at work can be a stressful and overwhelming experience. You may be worried about how you will pay your bills or support your family if you can’t work. You may be feeling frustrated, angry, and helpless. But we want you to know that you are not alone.
We are here to help you through this tough time. We will fight to get you the workers’ compensation benefits you deserve. We know the law, and we know how to get results. Contact us today at (844) 414-1768 for a free consultation. We are here to fight for you.
