Employees working in certain industries are always at risk of getting injured at the workplace. These injuries can be caused due to fire or the use of any dangerous element. Employees might face partial or severe injuries at the workplace because of certain factors. During these cases, the employees can sue the employers for a workplace injury. They can ask Virginia Beach work injury lawyer how to follow the procedure to sue the employer for workplace injuries. This guide lists the events in which an employee can sue the employer for a workplace injury.
Factors to take into account while suing for an employer
Some key factors must be taken into account by an employee while suing for an employer, such as:
Inability to compensate workers
Employers must compensate workers for work-related injuries, including lost wages and medical charges. Employees have a legal right to sue employers if they do not receive this compensation.
Unsafe working environment
Unsafe working conditions are one of the major causes of work injuries. Employees injured at the workplace due to unsafe conditions can sue their employers. These injuries are caused by a lack of safety equipment or negligence to reduce hazards at the workplace.
Discrimination of the employees
If the employer discriminates against the employees or penalizes them for compensation, the employees can take legal action. Employees can claim for unsafe working conditions while filing for compensation. They can take legal action if they are injured because of discrimination.
Injury is caused intentionally by the employer.
Employees have the right to sue employers when they are intentionally injured. Intentional harm includes negligence and ignorance. If employers ignore unsafe working conditions, employees can file lawsuits.
No workers’ compensation insurance
Workers’ compensation insurance is a necessary document for every employer and employee. Every employer must have workers’ compensation insurance to protect the employees. This insurance provides compensation without legal action.
Employees can file a case against the employer without this insurance. He can get lost wages and damages for medical charges.
Work-related injuries because of toxic substances
The employees can file a lawsuit against the employers if they are injured due to toxic elements. Toxic substances include asbestos, chemicals, gases, and other elements. They can also include poisonous elements that cause serious injuries or illnesses. Employees can file a lawsuit against the employers for neglecting such working conditions.
Injuries caused by third parties
Employees can sue if they are injured by third parties, such as contractors, manufacturers, or subcontractors. In these cases, the parties must compensate the workers.
Violation of safety laws by the employers
Employers must provide employees with a safe working atmosphere at the workplace. If an employer violates these regulations, the employee can take legal action. He can file a lawsuit against the employer.
Which documents prove that an employer is negligent?
Employees can prove that employers are negligent in the workplace. Employers can be proven negligent with the help of the following documents:
- Medical bills and records of the employees
- Witness statements
- Policies of the company
- Attendance register and timekeeping records
- Any relevant paper or records that prove the negligence of the employer
Conclusion
Work-related injuries can even cause life-threatening diseases or illnesses in employees. If employees get injuries during work, they can take legal action against their employers. They can also seek compensation from a personal injury attorney. An attorney will help them get the maximum compensation for work-related injuries.
References
- https://www.steppacherlaw.com/blog/2024/02/when-can-i-sue-my-employer-for-a-work-related-injury/#:~:text=Negligence%20or%20unsafe%20working%20conditions,failure%20to%20address%20known%20hazards.
- https://kujawskiassociates.com/2024/09/12/when-can-you-sue-your-employer-for-a-workplace-injury/
- https://koonz.com/can-i-sue-my-employer-for-negligence/
