Suffering an injury while working is the last thing you would like to happen. The suffering does not stop. You have to spend time away from work recovering. That means you will be unemployed in the recovery period.
If the injury is due to your carelessness, then nothing can be done. However, if the injury is due to your Employer’s negligence, then there is a possibility you can sue them.
Can I sue my Employer for his/her Negligence?
The answer to this question depends on what evidence you can provide to certify your claim. If you do not have the right document, you might lose your claim. Suing for negligence isn’t always simple and straightforward. I will advise you to seek help from professionals like Los Angeles slip and fall lawyer.
How To Sue Your Employer For Negligence?
There are possibilities where you can sue your Employer for negligence. However, you need to prove the following.
- Your Employer neglected their duty of taking care of their employees, which caused an accident.
- Or you were one of the employees that got injured during the accident.
Suing your Employer means that you need to have relevant documents to prove they are guilty. Due to the complexity of cases like these, it is important to have a personal injury lawyer by your side from the beginning.
If you consider claims, you need to be aware of the 3-year time limit for the personal injury claim. The time is calculated from the day you are injured or the day you were being treated.
What Could Count As Employer Negligence?
Before you can do with your suing on the Employer’s negligence, it is important to know the employers’ roles and on what basis you can sue them. With having a clear idea of these two, you might find yourself losing the case or fined for false suing.
- An employer should be proficient in health and safety training.
- When the working space was not maintained properly. It might include slippery flooring, broken tiles, open cables, etc.
- When the machine and electronic devices were not maintained as per manufacturer’s working guidelines.
- Deploying you to use machines and equipment that you never trained for.
- Lack of safety equipment. The Employer’s job is to provide you necessary safety equipment to keep yourself self during working hours.
- When your Employer delays the repair of the faulty machines.
- When you are involved in an accident that includes your work.,
The scenarios, as mentioned above, are just a few examples to understand the Employer’s negligence. There are other scenarios as well in which you can sue your Employer. In any case, if you find that you have been the victim of employer negligence, you can file a case and take help from lawyers.
What Are The Employer’s Duties Of Care In The Workplace?
According to the health and safety at work act, all the employers must take care of their employees. The rules are enforced by the government to make sure employers are taking good care of the employees.
Here are some of the duties of care that employers should have towards the employees.
- Performing regular risk assessment.
- Providing a safe working environment.
- Providing regular breaks so that employees do not break down.
- Defining employee’s work clearly.
- Provide necessary training to use tools and machines.
- They should make sure that employees are not overworking.
If you find that your Employer lacks any of the duties mentioned above, they can be sued for negligence.
How To Claim Compensation For The Injuries?
Suppose you are going to sue your Employer for negligence. In that case, it will be better that you take steps to confront the Employer first, and in any case, they refuse to comply, then go for the suing. You can start by complaining about the negligence of the company. If the company takes action about the event, that’s good. If not, you always have the legal course.
The Bottom Line
You have reached the end of the guide, which aimed to answer, “Can I sue my Employer.” We hope that you have gathered the necessary knowledge to decide whether to maintain a claim or not.