How to sue your employer for negligence
Federal and state laws make it liable for your employer to look after your physical and emotional health and make your work life safe and sustainable. It’s common for accidents to arise at your workplace, especially in the case of labor-intensive jobs like working at a construction site or in a factory setting. Regardless of your job type and condition, your employer is liable to provide proper training and safety protocols. In case of an employer neglects a worker’s health and safety, the employee can sue the employer for negligence. If you or someone you know has been a target of employer negligence, here’s what you need to do to file a lawsuit.
Know your rights
In most employer negligence cases, employees or victims are unaware of their workplace and legal rights. By law, every employer is liable to protect its workers through proper training and supervision, protective equipment, and a safe work environment. However, often employees are unaware that they can sue their employer for not training them correctly, ignoring risk factors, and failing to provide first-aid treatment. In some cases, workers understand that it’s the employer’s fault but lack direction when filing a lawsuit. You should know that you can sue your employer for financial compensation through the workers’ compensation system. However, in some cases, the workers’ compensation act might not allow you to sue your employer.
Nonetheless, you should consult a personal injury lawyer, like one of those at simmonsfirm.com, for legal advice regarding employer negligence. Of course, various factors are at play in workplace accidents, but you can sue an employer for negligence toward your health and safety.
Know what you can sue your employer
One of the critical steps in suing your employer for negligence is knowing what you can sue them for. Negligence comes in various forms, and it can be anything from a minor fault to a massive blunder at their end. In a nutshell, any behavior that can cause physical injury or emotional harm to an employee is employer negligence. For instance, if your employer, knowing the dangers of working in an unsafe environment, forces you to work in that environment or assigns a hazardous task, you can hold them accountable. An employer can also be negligent in other areas, not just active work, like during the hiring, training, and recruitment processes. For example, if an employer hires unfit workers for a job, they risk every other employee and customer.
Similarly, retaining an employee who may be a threat to other employees or not adequately supervising all employees are all examples of negligence at an employer’s end. Unfortunately, tracing some employer negligence incidents, like negligent hiring, may be difficult. You won’t know the employer made a mistake until a mishap occurs at work.
Know what you can gain out of an employer negligence lawsuit
A common question that victims ask is how much they should expect to gain from a negligence lawsuit. Rightfully so, you don’t want to spend your time and money on a legal case that would cost you more than you could gain. However, finding a specialized lawyer, gathering essential documents, and spending money on your medical treatment are all necessary expenses for a victim. Therefore, it’s vital to discuss with your attorney how much financial compensation you would gain from this case. Legal firms and attorneys dealing with employer negligence cases can estimate what you should expect to receive since every case is different. To give you an estimate, the greater the extent of your injuries, the higher your financial compensation will be. In some cases, victims receive only enough to cover medical costs. However, in other cases, they may get financially compensated for losing their job or providing for their family.
Now that we have covered the basics of filing a lawsuit against your employer, here’s what you should do if you encounter a workplace injury and have to file a claim.
Report your injury as soon as possible
When you set out to file a workers’ compensation lawsuit, the first question that your attorney or the court would ask is whether you reported your injury to the employer. Report your accident or injury to the human resources team or your supervisor at work as soon as you encounter one. Your employer or organization may have some system in place for such situations. If your employer or supervisor fails to acknowledge your injury, you can take this up for claim. Failure to provide necessary first-aid treatment to an employee in case of a workplace accident may strengthen your case. When filing a lawsuit, you may have to provide evidence that you did and notify your employer regarding the accident, but they failed to acknowledge it.
Seek medical treatment
The next point is to seek medical treatment as soon as you encounter an injury. Regardless of the type or severity of your injury, seek a doctor. Any medical records, prescriptions, or tests will help you build a strong case for financial compensation when suing your employer. In some workplace accident cases, the employer may ask you to consult a company-approved medical facility only or whichever clinic or hospital your company-funded health insurance covers. Either way, keep a record of all your medical documents. Of course, in situations where the extent of the injury is severe, you cannot wait until you receive financial compensation to get the treatment started. Therefore, seek medical assistance right away.
Make extra copies of your contract and insurance plans the moment you get appointed. These documents will help your attorney prepare your case for suing your employer. Of course, you cannot sue your employer based on word of mouth. The court requires evidence for everything. Try gathering as much relevant and useful information as possible, from your medical records to CCTV footage of where and when the incident occurred. To make things easier for your attorney, write down everything pertinent to the accident or injury as soon as possible. Your account of the incident would be much more detailed when it recently occurred than a few weeks or months down the line.
- Hire a lawyer support your claim
Victims of most personal injury claims hire specialized attorneys to handle their cases. Specialized attorneys are adept in dealing with employer negligence cases. They can help you build a stronger claim and get the maximum payout. However, don’t book the first lawyer you come across. Instead, take your time; meet with lawyers and see which one seems the best fit for your case. Most law firms and attorneys allow you to book the first consultation for free. Take up that opportunity to see which lawyer you should work with. The lawyer you choose to work with is directly linked with the payout you would receive and your chances of victory.
It’s common for workplace injuries and accidents to occur. However, it’s unacceptable for your employer to blatantly neglect your safety and health or deny compensation where they are at fault. You can receive compensation for your employer’s negligence by filing a lawsuit. Follow these tips for deciding how to begin your case or claim.