Workplace accidents are a horrific ordeal for everyone involved. Whether you are a supervisor, safety officer, employer, or employer, you know that workplace accidents can cause physical distress to the people experiencing it and financial damages for the individuals who caused it.
While it might be true that some workplace accidents happen due to unforeseen circumstances, you cannot deny the fact that most of them can be prevented. Unfortunately, most of these accidents are down to the negligence of the involved party. In fact, accidents that occur because of negligence are some of the worst ones around.
That said, accidents due to negligence are a direct result of employers' action that leads to an injury or loss suffered by employees or customers. These include illness, theft, bodily harm, or in worst cases, death. So, if you're an employee, suffering an injury or illness due to your employer's negligence can lead to thousands of dollars in medical bills and emotional distress.
In this case, you will be entitled to filing a personal injury claim against your employer. However, before you do that, you must first understand everything you can about workplace negligence. Doing so will allow you to take the proper steps and ensure you obtain the highest compensation possible.
Negligence in premises and product liability
This type of workplace negligence occurs when an employer fails to keep their customers and employees safe. For instance, one of the most common types of premises liability is when the employer fails to inform the employees of asbestos, resulting in mesothelioma – an incurable form of cancer that affects the lungs and abdominal region.
In this case, the employees might be eligible to file mesothelioma lawsuits against their employers. Or if employees slip and fall. In such a case, the individual who suffered from falling can sue the employer if the injuries sustained directly resulted from a wet floor or missing railing.
That said, you must not forget that not all accidents result from negligence. For example, an employer won't be liable for the above accident if they place signs that identify a wet floor or asbestos in building materials.
On the other hand, product liability happens if the scenarios shared above occur during the production, design, packaging, or research phase, resulting in injuries or illness.
Negligence in training.
Such workplace negligence occurs if an employer fails to train and inform employees of the safety issues and side effects of behavioral problems such as harassment, resulting in legal problems or injuries. Also, employers must supervise employees and control their actions when they are on the premises.
For example, a construction business owner fails to train employees on operating heavy machinery and equipment, and the employee cuts their finger while using construction equipment. In that case, the employer will be liable to a personal injury case in court.
Negligence in supervision
If an employee threatens a coworker and the employer fails to take action against that particular employee, the affected employee can take the employer to court if injuries occur. So, employers must know what happens at the workplace and take the necessary steps to de-escalate any possible employee conflicts.
However, if an employer fails to do such a thing, it is known as negligent supervision on the employer's part, and they will be liable to a lawsuit.
Negligence while hiring employees
Suppose employers fail to perform due diligence when onboarding new employees, categorized as negligent hiring. It could cause problems for both employees and customers. Take the example of an instance when an employee assaults their coworker.
Suppose the employee responsible for the assault has a prior history of violent behavior, and the employer fails to do a background check before hiring them. In that case, the employer will be liable to a lawsuit.
That said, a background check can either be a formal check with the help of law enforcement agencies or an informal review such as a call to their previous employer or references they provided during the interview.
So, suppose you're someone who has been a victim of a personal injury leading from negligent hiring. In that case, your best course of action is to file a personal injury lawsuit against your employer, provided if you can prove your employer's negligent hiring in court.
Negligence while providing security
Such an issue might occur when an employer doesn't handle classified client or employee information properly. For example, they fail to shred documents that contain an employee's or client's legal information. If someone steals these documents and it leads to identity theft, the employer will be liable to a lawsuit. After all, the employer must protect the information entrusted to them by their customers and employees.
Negligence in employee retention
If an employer properly hires and trains employees, but they still show careless, problematic, or violent behavior in the workplace, then the employer is responsible for terminating these ‘bad apples.'
For instance, if an employee has a history of harassing coworkers and no action is taken, the employer will be liable to a lawsuit based on negligent employee retention.
If you're an employee who has experienced the instances of negligence mentioned above, it would be wise to take action against your employer by filing a negligence lawsuit. That said, it would be best to hire a malpractice employee as they all the legal formalities involved in such a lawsuit.
Moreover, you should also consider your state's statute of limitations and file your case as early as possible to obtain the highest possible compensation.