What Is Negligence in the Workplace? Your Questions, Answered
Workplace injuries and illnesses have dropped over the past few years, but millions of them still happen every year. Most workplace illnesses and injuries are preventable, and they’re the result of negligence.
But what is negligence as it applies to injuries in the workplace? How do you know if an accident is actually a legal personal injury situation? We’re here to talk about it.
Read on to learn all about negligence in the workplace so you can determine if you have a negligence PI lawsuit on your hands.
What Is Negligence Overall?
To prove that someone is liable for a personal injury case, you have to prove negligence. Negligence breaks down into several categories.
First, is the duty of care. A court has to determine that an employer has a responsibility to provide a safe and healthy environment for their workers (which is almost always the case). Then, they have to determine that the employer has breached that duty.
Sometimes proving a breach is difficult. It has to be within reason. For example, an employer who puts an untrained employee in a difficult or dangerous role would clearly be breaching their duty of care, but that might not be the case if the employee is only under-trained.
There also has to be an obvious injury. Even if there was employer negligence at work, there won’t be a case if there are no potential damages to be paid.
What Are the Types of Workplace Negligence?
There are several things that fall under the workplace negligence umbrella.
First, is negligent hiring. When an employer brings new talent into the workplace, they have to know that the new employee is actually capable of doing the job at hand (with appropriate training).
They also need to make sure that the employee doesn’t pose a threat to any other employees. They do this via background checks.
Negligent retention is another type of negligence. If an employee continues showing unsafe behavior despite their training, it’s the employer’s responsibility to either let them go or find another position for them.
Training can prevent many significant accidents and injuries, even in dangerous positions. It’s an employer’s responsibility to provide adequate training. If they don’t do that, they’re liable for future accidents as they relate to that training. For example, an employer that never fully trains an employee on how to use essential machinery will be liable if the employee hurts themself or someone else with that machinery.
Finally, an employer is responsible for providing adequate supervision (within reason).
Negligence at Work: Do You Have a Case?
If you’ve experienced a workplace injury, you might be wondering “what is negligence?”
If these things seem familiar, you might have a personal injury case on your hands. It’s important to talk to a qualified personal injury attorney so you can know for sure (and get the damages that you deserve).
Don’t let your employer get away with negligence.
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