We all love our work, or better yet, we really try to. Then, of course, there are the pretenders. Whichever category we fall under, we work all the same. However, there is one aspect of the work that we certainly have no love for, and that is the dangers and mishaps it may come with. Often, as you will find, the reason for those is the negligence of your employer. That said, you will want to not only prove their negligence, but also have them bear the burden of their actions.
So, what are employers’ liabilities and how do you prove their negligence? Keep reading to find out.
Hiring an attorney
One of the first steps—if not the first—you will want to take is to hire an attorney. They will not just explain to you your rights, but also act in your best interest. They are equipped with a comprehensive set of skills as well as a bag full of tricks, and will almost always secure you a compensation that is proportionate to the damages you have endured. You will want to look for a lawyer who is specialized in this field, and preferably one that is intent on fighting the corporate demons until the very end.
They will often be faced with tricky cases, like a slip and fall accident. These may seem like a harmless occurrence, as many people fall without sustaining any injuries. Still, for those that are facing medical treatment and possibly a loss of income, your attorney should and will fight for you and have your rights exercised. The experienced legal team at Kaplan Lawyers explains that it is of the utmost importance to sue after a fall, since these accidents can stem from someone else’s negligence. If they can prove that the place was poorly maintained and there were known hazards, they can then hold the responsible parties liable.
Elements of negligence
We often hear about terms such as negligence, malpractice, and the likes. Though, we may rarely know when to demand our rights as we’re involved in a negligent act.
So, if on an unsuspecting—not at all ominous—day, you went to work in a functional condition, only to leave in a not-so-functional state, you may want to take a look at the five essential elements that make up for negligence:
- A duty owed by the defendant to the plaintiff (which is not to fail in exercising the appropriate amount of care, depending on the circumstances)
- A breach of that duty by the defendant
- An existing connection between the defendant’s conduct and the resulting harm
- The harm being foreseeable, which would have made it avoidable
- The damage that has resulted from the defendant’s conduct
To sum them up, they are simply composed of duty, breach, damage, and causation. Depending on your district, it will either consist of four parts or go down to three, with duty and breach remaining as a constant. Fundamentally, they are all the same and will not vary much.
Damages of negligence
Depending on the damage, if your employer has indeed engaged in wrongful conduct, compensation may then be proposed. This kind of relief may come through various avenues with the most prevalent one being a sort of monetary reward that is given to the plaintiff. There are different types of damages you may have sustained that you can hold your employer accountable for.
These damages come in three forms, and they are:
This type of damage is the most identifiable one. It is usually because of their nature, as they deal with more concrete evidence, with lost income, medical care, and property damage being just a few. Based on the injuries you have suffered, your attorney may seek a certain amount of compensatory damages.
General damages are considered to be relatively harder to identify. This is because they are not as tangible as compensatory damages. There is no real, concrete evidence to them. They include—but are not limited to—pain, suffering, and mental anguish. Other damages they may include are your future losses, with income and medical care being involved. This is why compensatory damages usually encompass general damages, since proving pain is relatively difficult.
Just as the word suggests, they are the actions that are intended to punish people, which makes this type of damage pretty much self-explanatory. A downside of punitive damages is that they are regarded as the most difficult type to obtain. They punish the defendant for their misconduct, and, should you be fortunate enough to successfully obtain compensation, they will usually exceed the amount awarded by the other types of damages.
An employer must provide their employees with a safe and protected environment. Should they fail to do so, they may be held liable for damages done.
These liabilities may include:
- Failure to maintain the machinery or equipment at the working place
There are guidelines that come with all types of machinery and equipment. If your employer fails to adhere to these guidelines, they instantly become liable.
- Failure to provide employers with safety training and a healthy working space
They must do both to the best of their abilities, otherwise, they become liable.
- Allowing the use of faulty machines
Servicing is absolutely necessary. Though, if a machine is known to be faulty, your employer must not allow you to use it.
- Negligence when hiring
If your employer has hired a new staff member without conducting the appropriate procedures, like background checks, they will be liable. Nepotism may also fall under this category, though it does involve a much longer process, one that is significantly more complex in comparison to outright negligent acts. If their faulty hiring has affected you in any way, you may assume legal action.
It is rather difficult to prove employer negligence. However, by understanding your rights, the types of damages, and the employers’ liabilities, you can not only stand a chance, but also emerge the victor. It is important that you have an attorney by your side, as they will provide you with notable guidance, which can make a world of difference when it comes to compensation.