Reasons Why an Employee Can Sue for Workplace Injury.
When you open a business enterprise it is your responsibility to eliminate all safety hazards. However, you can implement all the safety precautions you know and accidents will still occur. Your input in such cases is not much. People who are injured in the line of duty will proceed to file a claim for workers compensation. Some situations will call for a civil lawsuit though. Knowledge is the only protection you have in such cases. Any employee who is hurt or injured while fulfilling business duties should get workers compensation benefits. No matter whose fault the accident was, the injured person should be compensated. The benefits are in form of medical expenses as well as wage replacements. With this insurance, you can avoid personal injury claims. With the employees getting these benefits, they have no grounds for suing you in the court of law. However, some extreme cases might end up the court way. When there was negligence, the injured person has the upper hand. You will have to part with a good amount in personal injury settlement in this situation.
You should also be well informed about reckless conduct. Employees have the grounds to sue the employer if there is gross negligence resulting in injury. This is referred to as intentional misconduct in states where it is recognized. Lack of protective equipment and poor safety controls are seen as gross negligence. Besides negligence, there is an intentional tort. If you assault, batter or imprison the employee on false charges then this will be the case. Tort claims have a basis on physical harm. If there was emotional distress, the tort claims are also applicable. Any employer who emotionally abuses the workers will be judged under intentional injury. Some employers instruct supervisors and even other employers to cause intentional harm and this will be considered as evidence in a law court.
Third party claims are also something you should be well informed about if you are an employer. In matters to do with third parties, if there is any way they caused work injuries they can also be taken to court. Some people can go after the employer only or direct the charges to the third party. The blame game is not going to do anyone any good which is why every employer should take responsibility for the workers. Do not waste time in helping an employee if it gets to your desk that they have been injured while carrying out business duties. You should make sure they have filled out the workers compensation claim document within two business days. Helping them with the process shows that you care and this will motivate them.
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