If you had an accident in the workplace and seek compensation, you will need to prove that the accident was not your fault but rather the result of a third party’s negligence. Several conditions must be met to determine liability for a workplace accident, and your best option is to hire Hammond attorney to help you build your case.
Ask a Work Accident Lawyer: How Can You Prove Negligence?
The Concept of Reasonable Care
It means that someone takes reasonable measures to ensure other people’s safety (as well as their own). While the concept is a bit vague and deciding what is “reasonable” depends on many factors, negligence is mainly described as a lack of reasonable care, and it has four conditions:
1. Duty of Care
Duty of care refers to someone’s responsibility for other people. For example, an employer is presumed to be committed to caring for their employees by providing a safe workplace, functioning tools, and adequately trained staff.
2. Breach of Duty of Care
Reckless behaviors, lack of compliance with industry-standard safety measures, assigning duties to untrained staff, or knowingly allowing employees to operate faulty machinery are examples of circumstances in which an employer breaches their duty of care.
3. Causation
You need to prove that your employer’s breach of duties directly caused your injuries to determine liability. For example, if the accident directly results from working with a trainee that should not be operating special machinery without proper training, or if the severity of your injuries was more significant because the employer failed to provide safety equipment (gloves, goggles, etc.).
4. Damages
Finally, you will need to demonstrate that you suffered economic losses because of the accident. These can be medical expenses that you had to pay out of pocket and loss of income due to a long recovery process.
Determining Liability
According to Texas law, more than one person or entity can be at fault for an accident. For example, suppose you were injured by a defective tool. In that case, liability may be shared between your employer (who failed to verify that the equipment was safe to use) and the tool manufacturer. In this case, both parties are responsible for paying your compensation.
Upon filing a complaint, insurance adjusters, the labor board, or the court will have to decide the percentage of fault attributed to each party. Be careful with sharing information about the case because there’s a chance that adjusters or the other party’s lawyers will try to attribute a percentage of guilt to you.
Determining Damages
Damages encompass what is owed to you as a result of the accident. It may include economic damages, like your hospital bills and loss of income, and non-economic damages, such as pain and suffering and loss of enjoyment of life. You will need to provide sufficient evidence to determine a fair amount for compensation.
If you believe that your accident happened because of someone else’s ill will (meaning that they, on purpose, caused it), you can also sue for punitive damages (which are meant as a punishment for wrongful behaviors).
When to Seek Worker’s Compensation
If you decide to apply for worker’s compensation, you forfeit your right to sue the liable parties. Worker’s compensation may help you pay for medical expenses and provide you with a monthly or weekly amount to cover your wages until you can return to work. It’s important to note that, If you apply for worker’s compensation, you will receive an amount regardless of if you were partially responsible for the accident.
The only reasons you wouldn’t be able to access worker’s compensation if your employer provides insurance are intoxication, self-harm, or violating an expressly written safety policy. Texas law does not require employers to get worker’s insurance, which means that they forfeit protections guaranteed by the state to employers who purchase insurance and provide workers’ compensation. If your employer were not insured, you would need to file a lawsuit.
What Happens If You Are An Independent Contractor?
As an independent contractor, you might not be covered by an employer’s insurance and will not be able to access worker’s compensation. (although this must be decided by the court or the workers’ board). Your best chance of getting fair compensation is to file a lawsuit for personal injuries.
How Can a Work Accident Attorney Help?
If you are a victim of a workplace accident, work accident injury lawyers in Houston, TX can help you:
- Gather necessary evidence to prove your claim
- Determine a fair compensation amount
- File a complaint with the workers’ board
- Negotiate a settlement
- File a lawsuit and represent you in court
Proving negligence to determine liability for an accident is complex and may take time. Hiring a lawyer as soon as possible is the best way to ensure you get fair compensation.