Injuries occur on the job very frequently. The reasons may vary but a personal injury occurs when an employer is negligent in providing a safe place, secure equipment or environment and procedures. This should be done immediately following an accident in order to preserve evidence and obtain evidence regarding what caused the accident. The employer cannot terminate benefits or otherwise terminate the claims of injured employees. The employer is obliged by law to provide for proper training for his employees.
The employer is required to post signs for employees to be aware of potential dangers. Employees are obligated to observe company rules and regulations for safety. However, an employee can still sue the employer as he was negligent and responsible for injuries if he failed to post signs, posted equipment upside down, had inadequate safety procedures, or failed to ensure employees were adequately instructed.
The employer is also obliged to take measures to ensure employees are not distracted or dozed off while working. This is necessary to establish that you were not performing the dangerous task while distracted. The employer must be diligent in inspecting for potential hazards. The employer must provide for the safety of his employees. This may be achieved through providing adequate training or proper instruction in safety. This might also be achieved through providing training on safety.
Employers are required to follow a standard of care in maintaining equipment, premises and the workers are also required to follow a standard of care in wearing protective gear. An employer must keep the workers aware of any potential safety hazards. It must provide the worker with adequate safety equipment including helmets, gloves, boots.
If an employee suffers an injury, it is the employer’s responsibility to pay the medical bills and the lost wages unless the employee opts for workers compensation in which case the employer pays the employee’s compensation. However, under Worker’s Comp a worker has a right to sue for lost wages or medical bills.
The only exception is if injuries were caused by the employer’s negligence. In this case the employer cannot be sued for lost wages or medical bills.