Who Is Responsible for My Workplace Accident?

Did you know that 13 people die every day from workplace accidents in the US? The number of people who are injured at work is far greater. Being injured while at work can have an array of repercussions.

Along with the physical injury, you may also have psychological issues from trauma and you may have had to pay costly medical bills. A workplace accident can be completely life-changing but you could be entitled to claim compensation for what you’ve been through. If you’re wondering who could be responsible for your injury, take a look at everything you need to know below.

What Are Your Rights?

All employers have a duty of care towards their employees. Every company must set out clear and concise health and safety rules that are to adhere to at all times for the health and safety of everyone. It is your employer’s job to ensure you have everything you need to do your job safely.

However, it is your responsibility to follow the rules and properly use all recommended safety equipment. You should also receive training on how to do things like safely climb a ladder or lift a heavy box. The majority of accidents that happen in the workplace could have been avoided.

If your employer hasn’t been doing regular health and safety assessments or hasn’t provided you with the right training and equipment to keep you safe, you may be able to make a workplace injury claim. 

Are You Responsible?

Where the responsibility lies after someone is injured in the workplace can often be a grey area. It’s advisable to seek the guidance of a personal injury attorney to help you figure out your entitlement. However, there are other times when the blame lies with the employee.

For instance, if you have consumed alcohol or drugs before going to work, your reactions would have been inhibited. Similarly, if you act recklessly or display a blatant disregard for the health and safety rules, your injury is your responsibility. If these things don’t apply to you, you have a good chance of claiming against your employer.

Are You Partially Responsible?

Being partially responsible doesn’t necessarily mean you won’t be entitled to make a claim. If your employer is partially responsible for your injury, you could still seek compensation. For example, if you were using old safety equipment in the wrong way, it would be your responsibility for using the equipment incorrectly but your employer’s responsibility for not updating the equipment.

Any compensation you receive would reflect your partial responsibility for your injury.

What to do After an Accident?

The most important thing you can do after an accident at work is seek medical attention. There should be a designated first-aider in your company that can give you an initial check. If you’ve been seriously injured, call the emergency services straight away.

If you’re able to, head to a hospital or medical center yourself and get checked. Not only is this important for your full recovery but it also means you’ll have a medical report that your solicitor can use as evidence in your claim. You should ensure that an accident report has been made at your workplace so there is a record of what happened signed by a witness.

If your injuries are visible, take photographic evidence when you’re able to. If your injury was caused by a faulty piece of equipment, take a photograph of that too. Any photos that can prove your employer’s negligence will be useful for your solicitor.

If you need to take time off work to recover, your employer should arrange statutory sick pay or lighter duties if you’re able to continue working. An employer should never threaten termination of employment when you inform them of your intent to start a workplace injury claim.

How to Make a Personal Injury Claim

If you believe you’ve been injured at work and your employer is partly or wholly responsible, you can make a personal injury claim. You’ll need to arrange a consultation or phone call with your solicitor to discuss how your injury happened. Your solicitor will want to know your employer’s details, the date and time of the incident, and how your injury occurred.

Your solicitor will provide you with paperwork to sign before the claim gets underway. Once the paperwork is signed and returned, your solicitor will inform your employer of your intention to seek compensation and open your case. 

Let Us Help You

When it comes to personal injury claims for workplace injuries, you need a solicitor that has a wealth of expertise in winning similar cases. At Arturo Martinez Law Office, that’s exactly what you’ll get. Hiring one of the best personal injury lawyers in Pharr, Texas means you have the best chance of getting the compensation you deserve.

We believe in fighting for justice for those who deserve it most. We understand that financial compensation can help cover medical bills, psychical therapy costs, home adaptations, and even a well-deserved vacation to aid your recovery. Let us take the weight off your shoulders and do all the hard work for you. 

Your Claim for a Workplace Accident

Being injured in a workplace accident can leave you with a range of emotions. The best way to deal with a personal injury claim is through an experienced solicitor who can navigate the details of your accident with precision while maintaining a good relationship between you and your employer. If you let us, at Arturo Martinez Law Office, we can do that for you.

Why not contact us today for more information or to get your claim started?