It is never a good thing to suffer an injury while on the job. What can make this even more painful is if that injury could have been prevented by your employer. Sometimes, workplace injuries are the result of employer negligence. Let’s take a closer look at some terms that will help you understand this further.
Terminology Used When Understanding Employer Negligence
Workplace Injury Due to Employer Negligence
This is when you get hurt at work and it isn’t your fault. An injury that is directly the fault of your employer, caused by conditions that are either illegal or preventable, is negligent. Examples of workplace negligence include:
- Unsafe or faulty equipment
- Dangerous facilities
- Poor working conditions
- Weak medical procedures
Duty of Care
Employers have what is called their duty of care for their workers. It means that an employer should ensure that the workplace is safe at all times. Should a risk of injury issue be identified, the employer is responsible to correct it as soon as possible. When the workplace is safe, employees can perform their tasks without the fear of a potential accident or injury.
Work Injury Damages Claim
If you sustain a workplace injury where the blame for the conditions that resulted in the injury can be placed directly on your employer, you can sue them for damages. The claim you would file is known as a work injury damages claim. To be successful, your claim must meet specific eligibility requirements. Here are a few examples:
- The injury must be a direct cause of employer negligence
- The injury must be assessed by a qualified injury assessor
Work Injury Damages Eligibility
Aside from the claim requirements, you have to meet certain guidelines to have grounds to file a work injury damages claim. These include:
- Your claim must be made within three years of the date of injury, some exceptions exist
- When assessed, you must have no less than 15 percent permanent impairment
- You cannot file for workplace negligence damages until you receive all statutory lump sum damages for the permanent impairment
Proof of Negligence
Negligence is not always easy to legally identify. Even if you feel you have grounds for a work injury damages claim, proving an employer was negligent can be challenging. This is why it is always a good idea to seek legal advice long before you start to launch a claim to ensure that there is sufficient evidence to back up the claim. However, there are a few clues that can help you determine if the workplace injury was because of employer negligence. They are:
- The employer had a duty of care towards employees
- The employer breached that duty of care
- The injury resulted directly from that breach of duty of care
How To Identify A Work Injury Damages Claim
Now that you know all there is to know about a workplace injury claim filed because of employer negligence, it is important to understand what happens to that claim once it starts. The court will decide the extent of the injury and its seriousness. Part of the process also determines how much financial loss resulted from the injury, and how the injury will impact the worker’s ability to earn an income. These factors are part of the process to establish the final amount of compensation. If the investigation into the claim shows that the injured worker may have contributed in any way to injury, it will impact the amount of compensation.
GKS Law - Your Personal Injury Lawyers In Brisbane
If you are seeking workplace compensation due to a workplace injury you sustained, you need legal advice. Call GKS Law today. They provide personal injury law in North Brisbane and can assist you with your workplace injury claim. Contact the best personal injury lawyers in Brisbane – GKS Law.
Conclusion
Workplace injuries happen. Sometimes they are the fault of the worker and other times they are the fault of the employer. Employers have the responsibility to provide a safe workplace for their workers. However, accidents happen. When an injury results from a workplace accident, and is directly the fault of the employer, the worker can file a compensation claim. Although the claim has to meet certain criteria to qualify for compensation, if you have sufficient grounds, you may receive financial assistance. Every worker is entitled to have a safe work environment, but that isn’t always the case and it should be a comfort to know there are mechanisms in place to help when something occurs.
