Accidents at Work

RyanD
May 15, 2013

Accidents happen on the job from time to time and sometimes workers are injured. An employee may slip and fall on a wet surface, cut his finger on a meat cutter, or get hit in the head by an improperly shelved item. Additionally, some people are affected by illness or disease at work. Each of these situations can be considered liabilities. Someone may be responsible for compensating these individuals. To gain a better understanding of the responsibilities, one must have knowledge of the special laws and classifications. Knowledge can help a worker seek the right type of representation for a hearing.

Workers’ Compensation
An employee who is injured on the job may be eligible for workers’ compensation. This benefit is a state mandated insurance program that covers the person’s wages while he or she is recovering from the injury. The fault does not make a difference in this type of case. The fault could lie with the employer, employee, patron, or other third-party person or organization. The worker will still receive compensation in most cases. The only stipulation is that the employee may not sue the company if he or she receives these benefits.

A worker who is physically, medically, or mentally injured at work should immediately stop working when the injury occurs. The next step is reporting the injury to the immediate supervisor. After a supervisor is aware of the incident, the employee needs to seek medical care and file a claim shortly after that. The physician will determine whether the worker may return to work, and benefits should be paid. If for some reason the employee is deemed ineligible to receive benefits, then the option to sue is available. The individual may then seek the assistance of a personal injury attorney.

Personal Injury
On the job incidents may fall under the personal injury category. A personal injury is something that results because of the negligence of another person or organization. If a worker slips and falls on a wet floor because the night shift clerk forgot to put a “wet floor” sign out, the injured party may be eligible for compensation. The attorney may try to show fault with the night shift clerk or the entire company.

A worker’s employer is responsible for keeping him or her safe as long as that person works for the company. Therefore, the company was negligent by allowing the employee to become injured. Perhaps the night shift clerk was not aware of the procedure of putting the “wet floor” sign out after he mopped. A court could see this as the employer’s failure to properly train its personnel. Improperly training an employee is negligence.

Speak with an Attorney
Speaking with an attorney should occur not matter what route the injured party decides to take. An attorney can review the incidents leading up to the accident and determine the best way to go. Sometimes workers’ compensation cases go awry and the insurance company does not want to make payments. It is the worker’s right to seek compensation. Therefore, that person must speak to a qualified lawyer to achieve such a goal. A personal injury lawyer can make an employer responsible for its errors. An attorney will also seek to prove fault with additional parties that may have added to the danger by not following a policy.

Many attorneys will provide a free consultation. In some cases, personal injury attorneys will work on a contingency basis and the victim will not have to pay until he or she receives a settlement.

This article was written together with Robert Tritter, an aspiring lawyer who looks forward to helping deliver justice to the world. He writes this on behalf of Simmons & Fletcher, P.C., your number one choice when looking for Plant Injury Lawyers in Texas. As a law firm that truly understands the ins and outs of accidents at work, there’s no reason why you and your business shouldn’t work with them. Check out their website today and see what they can do for you!