Can I file a negligence claim if I got injured at work?

On Behalf of | Feb 27, 2017 | Workplace Accidents

Everyday people leave their house to earn a livelihood. Going to work becomes part of our daily routine for most of us. You never think that one day you may go to work and not come back in the perfect health that you left. But accidents happen. The question is then, was the accident caused by the negligent behavior of your employers?

Determining if the negligent behavior or environment of a workplace may have resulted in an injury is based on a few factors. First and foremost, it is important to establish that there was a duty of care between the victim and the defendant. In the case of workplace injuries where the victim is employed by the defended, this is often a well established and documented fact. Secondly, the victim will have to prove that the workplace did not secure the environment sufficiently enough to provide safety for workers. This is called a “breach of

Secondly, the victim will have to prove that the workplace did not secure the environment sufficiently enough to provide safety for workers. This is called a “breach of duty of care”. This means that it must be proved that the injury would not have occurred had the same job been conducted in a different more secure workplace. It will also have to be determined if the injury is of a nature that could have been foreseen by the employer.

It is important to note that you can only file for compensation for negligent behavior if you can prove that you suffered actual harm from negligent behavior by your employer. The law protects employees, however, it is important to hire an attorney to ensure that your best interest is presented when you go to court.