Saturday, March 23, 2019

When Is My Employer Responsible For My Injury On The Job?

When Is My Employer Responsible For My Injury On The Job?

If you work anywhere with forklift, factory machinery, or on a construction site with dangerous and large equipment, you understand the hazards involved in doing your job.  If there is an accident or incident you could be at risk of a serious injury.  Machines malfunctioning, equipment falling apart, or just reckless endangerment on the site, can all lead to extensive issues surrounding an injury.  When accidents on the job site happen they are not always your fault.  It is important to know when your employer should be held accountable for their liability regarding you in their work space.

employer injury When Is My Employer Responsible For My Injury On The Job?

Abiding by OSHA

In every workplace there is a notification of rules provided by the Occupational Safety and Health Association that, by law, must be clearly displayed somewhere for all employees to read and acknowledge.  This outline and regulations makes things known such as:

  • Minimum Wage
  • Hours Allowed On-Clock
  • Standard Safety Procedures (varied by industry)
  • Instructions On Filing A Claim

It is important as an employee to be aware of OSHA compliances based on the industry you work in.  There are difference codes and regulations that your employer must comply with, whether you’re in the construction field, maritime, or even agriculture.  These are in place for your safety and outline the liability that your employer takes should an accident occur at work.

Safety Assured By Employer

If you work with heavy machinery or dangerous equipment then it is pertinent that your employer take the steps to assure your safety as well as the safety of their business.  If equipment that requires maintenance and upkeep isn’t regularly inspected it will fall under the liability of the employer should something happen.  If hydraulic lifts or fork lifts or scaffolding is in anyway faulty then your safety on the clock is jeopardized.  Employers are also responsible for assuring that all employees are properly trained and informed of how to do their job and use the equipment involved.  Training courses and certifications are usually required by law to operate larger machinery in a workplace, and failure to have all employers involved to be properly prepared to use them can result in a serious accident that lands blame on the employer.  On the job accidents can put employees in the hospital with piling medical bills and loss of work time due to their injuries.  Your employer is responsible to compensate for your loss in the event of their negligence resulting in an injury.

Off-Site Liability

Employers can also be responsible for accidents that occur off the site of the company or job.  For example, if a repairman heads out on a call in a company car and is involved in an accident, the employer is responsible because they own the vehicle involved and oversee the actions of the employee.  Whenever an employee is on the clock and performing duties assigned by their superior, the liability falls on the one in charge.  Any injuries resulting from an incident should be dealt with and compensated by the employer for putting an employee in said situation.  No matter where the work is being done, your right as an employee is to feel safe and protected from harm while under the watch of your employer.

If you are hurt or injured on the job, the accident could result in serious misfortune and hardship for you and your family.  Costly medical and prescription expenses, time spent off work for recovery, and even permanent damage done that restricts future job abilities, are just some of the effects an accident can have when an employer is negligent towards the safety of their employees.  Liability almost always fall on that of the company that employs their workers to do the jobs and tasks they ask, regardless of the risk it takes or hazards occurring when working.

With over 30+ years of experience in personal injury law, Colley & Colley L.L.P. are central Texas’ experts at dealing with injuries sustatined on the job.

An aspiring law blogger, Zach Chodaniecky is well aware of the benefits of employers knowing where their liability is.

Photo Credit: Uninen


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