Getting injured in the workplace is never fun. Initially, your thoughts won’t turn to anything but your recovery. It soon becomes apparent, however, that someone needs to pay for all this. It wasn’t your fault that you got injured. Why should you go into debt because of it? Someone has to be held accountable for your injuries, and this needs to be determined sooner rather than later.
However, what happens when you don’t know how to prove negligence? Sure, you know you weren’t in the wrong, but how can you convince a personal injury lawyer of that fact? What do you have to go on? You’ll be able to get help with this for sure, but in the meantime, here’s what you need to know.
Negligent Hiring Procedures
Employers have a duty to hire those who are able to carry out the task at hand. One bad apple could ruin the entire team, putting them in danger. If an employer has failed to carry out a routine background check on a dangerous employee, that’s their fault. You might find that negligent hiring is the main issue here and that responsibility falls to your employer. Every employee should always be checked to ensure they don’t have a malicious history that could threaten the team.
This one comes up on a regular basis, and it’s something that is practiced all too often in many offices. It could be argued that you were given inadequate training before performing a task that led to an injury. This can be proved by going over documentation and any other evidence that might be available. Ultimately, it’s your employer’s responsibility to train you to a degree where you can carry out your job effectively. If you don’t feel that has happened, you might succeed with a claim.
Slips, trips, and falls happen on a fairly regular basis, and they’re a result of poor planning and oversight. If you get injured via this method, you’re not going to have to work too hard to prove negligence. Of course, it’s then up to the employer to figure out why the issue occurred and what can be done next time. For you, personal injury lawyers can help you with a claim if you want to pursue it.
Unfit For Duty
This is often referred to as ‘negligent retention,’ and it’s all about whether an employee is suitable to do a certain job. Let me give you a better example. Say the business hires someone who works in safety, but has been known to be negligent with safety in the past. Maybe they worked for another company (or this one), where they caused a serious issue? If your injury arises as a result of their actions, you might be able to look at negligent retention as the cause. This is dependent on the circumstances, but it could help you make a claim.
Health & Safety Routines
This is more wide-reaching, but it can be used as evidence in any claim. Let’s say you get injured via a leak that has caused you to slip. It could be mentioned that the leak had literally sprung up minutes before you slipped on it. This is where checking the company’s health and safety routines can come in handy. How often do they survey the building for hazards? Is it once a day, once a week or even once a month?! If it’s either of the last two, they’re not doing their job properly.
Here’s an easy one that will help you with any claim you need to make. Most companies have CCTV installations around the building. If you’re lucky enough, your injury will have been caught on camera. This gives you direct access to all the evidence you need to make a claim. Make sure you request this footage as early as you can in the process. If you wait too long, you might just find that it can’t be used.
You’re new to your job, and you’ve been asked to work with ‘Jim’ for the next few weeks. Your boss is too busy to supervise, but you’re assured that he will help you. You’re required to do a physical task that Jim has never done before. He assumes it’ll be OK, but it isn’t. You fall and get hurt, and Jim feels awful for having caused your injury. This is negligent supervision. Your employer didn’t do what was necessary to ensure you’d remain safe, putting you with an inexperienced employee. This is yet another area in which you get your financial just deserts as a result of their negligence.