Industrial accidents and workplace negligence are at high risk of occurrence when you are working in a harsh and severe environment, with dangerous tools and machines. Even if you do your best to stay safe and protect your wellbeing, you are still at risk simply because not everybody is as careful with this as you are. Workplace accidents regularly happen. A report published by Bureau of Labor Statistics in October of 2015 states that there were 3 million workplace injuries reported in 2014.
Here are the seven things you should know about workplace accidents and workplace negligence:
Workers who have been injured or damaged can claim compensation to their employer. To be entitled, you should notify your employer within 48 hours of your accident and take action on the matter. Your employer should also record the reported accident to provide some documentations that the insurance company requires and needs for the file.
Compensation covers not only injuries that happen within the premises of a company, but it also includes outside accidents that include traveling for work purposes. It is important to prove that the crash is the result of performing your job duties.
There may be cases when a worker is still compensated even if the accident occurred outside a workplace and after working hours. This may happen when an employer assigns an employee with homework because of urgent matters.
Employers are obliged by the law to comply with all the standard operating procedures to ensure the safety and security of their workers. Industrial accidents happen when equipment fails or when employees are not adequately trained to perform according to safety standard.
Therefore, employers are expected to provide their workers with safety gears and protective suits, ensure that machines are working as they should, and prepare all the necessary documents to apply for an insurance policy.
It is also the employer’s responsibility to compensate their injured workers along with an insurance claim in case they have been directly responsible for the physical or emotional damage to the employees.
Employees also have their responsibility to avoid workplace accidents. Since employers should provide proper training, employees are expected to follow all the work standards that companies ask them to implement.
When accidents happen, it is the responsibility of workers to report them immediately. If this is the case, they should keep a record of the accidents alongside the employer’s record.
After the crash, workers are entitled to paid leave. During this period, employees must follow every direction of the healthcare professional. Breaking any of the physician’s advice is a violation of insurance terms and may result in non-compensation. In other words, the primary responsibility of workers is to follow all standards so that he and others are safe.
Let us assume that your employer has complied with all the standards required. Machines and equipment are working properly. Enough training has been provided for all the employees. The workplace is safe for workers. This may seem to results in an accident-free working environment.
If accidents still occur, employers will make an investigation. If it is found that the crash has been caused by your carelessness, there is a risk that you will not be compensated after the accident. Nevertheless, you still have the right to contest whether or not you are the cause. It depends on the type of accident and the degree of the damage that has been caused as a result.
Self-Inflicted Injury or Sickness
Injuries and sickness that occur within working hours, inside company’s premises, or as a result of performing work duties are adequately compensated. However, there still are some exemptions to the rules.
In some cases, employees are sent to the hospital because of work-related stress. Stress can have several factors and can be caused by multiple situations. Although work is usually the primary factor, it is not legally considered to be a company’s fault. Stress can be managed by yourself, so whatever health complications you may suffer from, it may be seen as self-inflicted.
Employees who committed suicide and survived it may reason out that they acted because of work issues like conflict, demotion, or dismissal. However, they will not be compensated for such an injury, except when the reason is unfair labor practice, but this is a different case that you may discuss with your attorney.
There are also times when accidents happen at work, but neither the employer or the employee is at fault. When employers and staff follow all safety standards but accidents like a massive flood, heavy storm, or strong earthquake happen, workers and employers can claim for insurance compensation. However, this is a natural cause that is unrelated to the company or the employees.
Although companies are also expected to implement some measures to reduce the impact or the effect of a calamity, it is understood that nobody can withstand a sudden event like this one. Nonetheless, nobody is at fault, so every injured person deserves a claim.
When you get injured because of work, you have a certain period to recover. During your medication, you are under the guidance of your doctor. If your condition gets worse, this will bring an alarm to the insurance company that pays for your treatment. If it is found that there is a pharmacy negligence or any medical malpractice committed by your doctor, you have the right to file a case and demand for a separate compensation claim.
Workplace negligence is a subtle and sensitive subject that has many ramifications according to the industry and the damages it causes to workers. This information will help you determine what happened and what you should be doing next. It is recommended that you seek the advice of a personal injury lawyer and an expert attorney that will guide you throughout the entire process of seeking compensation for your cause. Law Offices of Vastola & Associates., will help you with all the necessary matters and will fight for your rights.
If you have been injured by industrial accidents, you are owed compensation for your suffering. Contact Law Offices of Vastola & Associates., to discuss your case. We will help you with assistance and consultancy throughout the entire process. We service clients in Stuart, Jupiter, West Palm Beach, and North Palm Beach, Florida.