Work-related injuries can be very stressful and scary to deal with. The forced time off work plus the loss of wages and increased medical care can take a toll on any worker. Tensions can also rise if your injuries or illness is caused by the negligent behavior of your employer. Although you cannot sue an employer through workers’ comp, you do have other options to seek the compensation you deserve. Odessa workers’ compensation attorney Robert White wants you to know what to do if you are injured by an unsafe working environment.
Reasons to Sue
You can sue for liability if you can prove any of these scenarios were the cause of your injury. If a third party such as a co-worker or another person in the work place caused your injury, you can file a personal injury lawsuit against that person. If you can prove that careless behavior by your employer caused your injuries, you can also sue. In cases that involve defective equipment, products, or substances at the work place, employees can sue the actual manufacturer of the product. These are called toxic torts. Certain illnesses such as lead poisoning or mesothelioma are a direct result of contact with a dangerous substance. If these substances are found in your work environment, this may be proof of employer carelessness.
Negligence
In some states, if an employee can prove that their injury is the result of gross misconduct by the employer they can sue their employer for personal injury.
If your work environment is unsafe and you have alerted the supervisor or other superiors and nothing has been done, that is grounds for an unsafe work environment in which they can be held accountable for work related injuries.
If toxic substances or defective products exist on the premises and the employer does not know about this due to lack of proper inspection, you may be able to sue for personal injury. It is the responsibility of the employer to thoroughly inspect and clean the premises at regular intervals. Violation of health safety codes put in place by the Occupational Safety and Health Administration (OSHA) is an example of negligence. Failure to do so is considered negligence and they may be held liable for injuries in court.
OSHA violations are clear indications of an unsafe work environment and these allegations hold up the strongest in court. You must tell your lawyer about the work environment so that OSHA officials can be called to inspect and monitor the premises.
Hire a Workers’ Comp Attorney
The option to sue an employer largely depends on the rules and regulations of your state. In these cases, the burden of proof is with the plaintiff to prove gross misconduct that cannot be denied by a judge or jury. Finding the right evidence can be very difficult in these cases. That is why it is important to have a skilled lawyer on your side to help you gather the correct evidence to bolster your claims. Braker White is a team of Odessa workers’ compensation attorneys that can help with your injury case! Contact us today for a free review.
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