Sue an Employer for Work Injuries
Employer negligence is often alleged in injury cases, typically when an employee is hurt or causes harm to someone else. Employers are obligated to provide a safe workplace and to ensure the rights of employees are respected at all times. In the event of an employer’s failure to do so, this can result in harm to an employee, meaning the employer may be held liable for negligence. If you are injured in an accident that is the direct result of an employer’s negligence and could have been avoided, you have the right to seek compensation for the injury. A Dallas personal injury lawyer from Crowe Arnold & Majors, LLP will help you do that.
If an employer knows with considerable certainty that an employee could be injured by certain actions, such as failure to provide properly maintained safety equipment, removing safety provisions from machinery, or failure to properly screen new employees, and fails to take action to rectify such situations, they may be held liable for these actions. There are many situations where employer negligence is considered, each situation generally falls under one or four main areas:
Employers should be aware of workplace legislation designed to improve working conditions and implement safe practices in accordance with these standards. Even though government agencies including the Occupational Safety and Health Administration (OSHA) have been established to prevent injuries and protect the healthful working conditions of employees at workplaces, workplace injuries, and negligent employers continue to be a problem. While some injuries result from employee misconduct or an unforeseeable accident and could not have been prevented, even with the most stringent safety guidelines, others are caused by the failure of an employer to implement and maintain basic safety measures.
Employer Negligence in Car Accident Cases
If a car accident occurs while an individual is driving a vehicle in order to perform his or her work duties or to do something for his or her employer, there may be employer liability. Employer negligence may involve, for instance, negligent hiring of the employee or negligent supervision of the employee. When an employer hires someone for driving a company vehicle, the employer has a duty to exercise reasonable due diligence in order to make sure that the employee is a safe driver.
At a minimum, if the employee is hired to drive a commercial vehicle, the employer should make sure that the employee has a commercial driver’s license that is in good standing and that has not been suspended. An employer should take precaution by going further to check the potential employee’s past driving record and even perform a drug test.
Crowe Arnold & Majors, LLP Offers Free Consultations
Consult with an employer negligence lawyer at Crowe Arnold & Majors, LLP about worker’s compensation process in the event of an employer negligence situation. In can be a confusing one – for example, filing a worker’s compensation claim typically forfeits an employee’s right to file a lawsuit against an employer. Even if the employer was negligent, resulting in the employee suffering injuries, the employee generally cannot pursue legal action against the employer. So, depending on the circumstances, it may not be in your best interest to take worker’s compensation benefits. Even though employees usually do not have a choice when it comes to worker’s compensation – they have no choice but to accept benefits for damages incurred from the injury. However, there are exceptions in which an employee may choose to sue his or her employer. This usually pertains to cases where the employer’s actions were illegal, reckless, or intentional.
This can be difficult to prove, which is why securing help from a personal injury lawyer comes in handy. Claims related to work injuries resulting from employer’s negligence can sometimes be very complicated, and figuring out the best approach can be challenging without proper guidance.
Contact Our Dallas Lawyers at (214) 231-0544
Crowe Arnold & Majors, LLP believe in holding negligent employers accountable. If you believe your injury was caused by employer negligence, our lawyers will be able to help you get compensation for damages resulting from injuries suffered. We offer free consultation that is confidential and free, and if there is no recovery, we will not charge you any fees or costs.