Who are Legally Responsible for Work-Related Injuries?

You can be susceptible to injuries while on the job on any given day. The fact that you work at an office or a mine does not contribute much to knowing how safe you are at your workplace. You might be the happiest employee who loves his job and cares for his employer, but when accidents happen, you will need to have someone to take the responsibility.

From hospital bills to future wages lost, you have a lot at stake as a victim of a work-related injury. If you are like most people, you probably are unaware of your rights and your employer’s liability in such situations. Is it your employer’s responsibility or your employer’s insurance companies to pay your compensation?

First, it is important to understand what constitutes a work-related injury. According to work compensation law in most countries, a work-related injury is any injury you as an employee endure while performing a job for the benefit of your employer, including all activities performed and material and equipment an employee is subjected to.

Let’s try to shed light to try to understand who exactly is legally responsible for work-related injuries:

The nature of your injury will affect this finding

If you ever find yourself in such a difficult situation, you will want to know who is legally liable to compensate you. Companies are legally mandated in most countries to have a fund dedicated towards employee insurance. So, if your injury resulted from overexertion as per your employer’s demands, then, in this case, it is your employer’s responsibility to use their insurance and pay you in compensation for the damages you have incurred. However, in other cases, there might be a third party at fault.

Like being injured while operating a new machine that you as the responsible employee just received from an external manufacturer. In this case, you will be bound to file a personal lawsuit against the manufacturer. You will still be entitled to worker compensation from your employers; however, they are not legally responsible in that case.

Whether your employer has insufficient employee insurances

In some rare cases, the amount of compensation you will be seeking from your employer after a work-related injury can be more than what your employer has in their employee insurance fund. According to the experts at https://www.stewartlawoffices.net/workers-compensation-lawyer/can-i-sue-my-employer/  similar cases entitle you to file a personal injury lawsuit as well to get the maximum amount that you deserve. So, although your employer is legally responsible, you have the chance to file an extra personal injury lawsuit that will entitle you to collect compensation for future medical bills if you win it.

Was the injury a result of negligence or intentional?

Although it might seem hard to believe, there are situations where employers will jeopardize their employee’s well being and even their lives to save costs or protect high-ranking officials. Should that be the case, your lawyer will make sure to gather all relevant information as evidence and file a lawsuit against your employer who will be legally held responsible. A good lawyer will also file a personal injury lawsuit to sue for the mental distress you will have suffered by being put through this experience. If however in a different scenario, your work-related injury was a result of negligence, the right course of action will be to file a personal injury lawsuit against the party directly responsible, be it a supplier or a contractor.

What should you do to have the best chances at winning?

You are not required as a common civilian to seek answers regarding whom to sue to get the compensation you deserve after a work-related injury. You should hire a lawyer experienced in worker compensation to represent you and fight on your behalf. Your lawyer will have the necessary experience on similar cases to know who your right opponent is and decide on the best course of action that will guarantee you to come on the winning side with the maximum amount of compensation.

Getting a work-related injury can cost you beyond the physical harm. In difficult cases, things can get ugly with your employer. Hiring a lawyer and financing lawsuits although necessary, can be very expensive. So, you want to make sure that you and your loved ones will receive a fair settlement in the end. Your best bet is to educate yourself about your rights and the benefits you are entitled to as an employee. It is true that this will not protect you from being harmed on the job, however, you will know what to do and how to act to stand up for yourself.