Establishing Liability in Workplace Accidents
By Younker Hyde Macfarlane on March 02, 2016
When an injury occurs in Salt Lake City, clients know that they can count on our attorneys to provide expert legal counsel. Our law firm has years of experience addressing major accidents and injuries, this includes cases involving workplace accidents and work-related injuries.
In order to pursue cases, it's important to establish liability. Let's go into these matters right now.
Workplace Accidents Need to Be Taken Seriously
Whenever a workplace accident occurs, it's of the utmost importance that the incident be taken seriously. This applies to major slips, falls, and trauma that happens while at a construction site or industrial workplace as well as incidents that may occur while in a traditional office, supermarket, hotel, and so forth.
In some cases, the workplace injury may be a purely accidental situation, occurring through no fault of anyone. In other cases, workplace injuries may be the result of a situation that increases the likelihood of a negative event happening. This is where proving liability is crucial.
Liability refers to something that increases the chances of an injury or harm occurring. This may be the result of something at a workplace, someone's actions at a workplace, or an even that occurs at a workplace. In such cases, a co-worker or employer may be liable for the injury occurring.
How Liability Differs from Negligence
Liability and negligence are two important considerations in injury accidents. While they seem similar, there is actually a fine distinction to be made between the two.
As noted above, liability increases the risk of a negative event occurring. This is not based on a conscious action that would result in an incident that would cause harm.
Negligence, on the other hand, is about actions or a failure to act that falls short of what someone would do to prevent harm from occurring. In the case of a workplace injury, this shows a lack of concern or care on the part of the employer or fellow employees who could have addressed a potentially dangerous situation.
Instances in Which the Employee May Be at Fault
In some cases, it may be shown that the injured employee himself or herself is responsible for the accident/injury incident occurring. In these cases, the employee may have inflicted an injury upon themselves intentionally, which means the responsibility for the injury rests on the employee. Similarly, if the employee was intoxicated at the time, the fault is that of the employee's.
On top of all this, an employee who expressly violates a company's safety policies is responsible for any injuries that may occur.
How Work Injury Attorneys Can Help
Those who are injured at their workplace should speak with a work injury attorney about their incident as soon as possible. Proving liability in such a case will require keen legal insight and knowledge, which means that having a skilled attorney can be helpful. Your attorney will analyze evidence and provide expert counsel on the best way forward with your case.
Contact Our Workplace Injury Lawyers
To learn more about your legal options following a work-related injury, it's important that you contact our team of accident and injury attorneys today. Our lawyers will work with you to ensure you receive expert legal representation.
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They were extremely knowledgeable, extremely helpful experts. The team helped me with all aspects of my case, including medical and financial, and understood that it affected more than me but also my family.- Jill S.