After being injured in a work accident, you may have several options for legal action and compensation.
Accidents at work affect almost all fields of employment. Determining who is responsible for an employment injury can be difficult depending on the circumstances of the accident.
Liability for a workplace injury can be difficult to determine, especially if multiple parties were involved in the accident. Often, employers can be held liable if they fail to keep the workplace safe for employees. In other cases, another employer could be liable if their negligence or intentional acts caused the injuries. Still, many third parties, like customers, customers, or even intruders, can be responsible. A lawyer helps you explore various legal options, including lawsuits for damages. Proving liability will require evidence demonstrating the negligence of the responsible party.
Determine who is responsible for workplace injuries in Tennessee
If you’ve been injured on the job, it’s important to discuss the event with a lawyer as soon as possible. You might have an idea who is responsible, or you might have no idea. Either way, a Tennessee employment injury attorney can help you determine who you can sue for damages.
Employers bear a great responsibility for workplace safety. Employers are often responsible for providing safe work equipment, implementing training, enforcing safety protocols, and inspecting potentially unsafe working conditions. When something goes wrong, it’s often because of the employer’s negligence.
An example of an employer being liable for a workplace injury is when employees are injured because an employer failed to install working smoke detectors. Under these conditions, employees may not be alerted to the fire and suffer burns or injuries from smoke inhalation. It is the employer’s duty to ensure that safety equipment such as smoke detectors are in good working order.
Responsibility of colleagues
Workplace injuries can occur even if an employer takes all reasonable steps to create a safe work environment. Co-workers may act negligently and cause injury despite available safety equipment and protocols. In some cases, conflicts between colleagues lead to fights or intentional injuries. Although employers are not responsible for the criminal acts of employees, you can still hold the worker responsible.
Suing colleagues is sometimes difficult, depending on the situation. Some workers’ compensation laws may make it impossible to file these types of lawsuits. If you were hired under a contract, the terms of the contract may prevent you from suing a colleague without going through arbitration or mediation. Speak to a Nashville personal injury attorney before making any final plans, and they can help you decide what your next step should be.
Many workplace accidents do not happen because of other people in the workplace. Instead, people outside the workplace could be responsible. Careless customers, patrons, or even intruders can create unsafe working conditions that can lead to accidents and injuries. It’s sometimes difficult to pinpoint responsible third parties, but a Tennessee employment injury attorney will help you hold them accountable and cover your damages.
A product liability case is an example of a third party being liable for a workplace injury. If the tools or equipment you use at work are faulty, damaged or dangerous, the manufacturer can be sued as a third party. Generally, injuries must result from a defect or design flaw in the product. If you misused the tool or object when you injured yourself, the manufacturer would not be responsible.
Alternatively, someone who is not supposed to be at your workplace can create an unsafe environment or cause an accident. Maybe an intruder looking to commit a crime like robbery pushed you to the ground during an altercation, and you got hurt. Another example might be an angry customer or a customer who gets angry and hits you. In these cases, it is important to identify the third party as soon as possible so that you can take legal action against them.
Exploring Legal Options After a Workplace Injury in Tennessee
After being injured in a work accident, you may have several options for legal action and compensation. A personal injury lawsuit against the person or persons responsible for your injuries is a good way to cover all your damages so you can recover with peace of mind. In other cases, plaintiffs are required by law to pursue workers’ compensation claims, and personal injury lawsuits against employers and possibly co-workers are not permitted.
Personal injury lawsuits cover a wide range of injuries and accidents, including many workplace injuries. You can sue employers, colleagues, third parties, etc., depending on your situation. One or more people may be responsible, and all of them may be named in your lawsuit.
Worker’s compensation is another possible legal route which may or may not be optional. Under workers’ compensation, you have access to more limited compensation for medical expenses and a portion of lost wages. In addition, you are prohibited from suing employers. Not all employees are bound by the rules of workers’ compensation, and a Knoxville personal injury attorney can help you figure out how to get around the system so you can file a personal injury lawsuit.
How to Prove Who Is Responsible for Workers’ Compensation in Tennessee
Evidence is the cornerstone of any legal action for personal injury. Without proof, you cannot establish that the defendant is liable for your damages. Although the evidence differs depending on a person’s unique situation, there are certain types of evidence that a lawyer should check immediately.
In many workplaces, there are security cameras everywhere. A security camera at your workplace may have filmed your accident. Having security cameras is so important because it often records the events leading up to your accident in addition to the accident itself. These types of details can shed light on who is responsible.
We also need medical records to help you establish the extent of your injuries. Waiting for medical treatment can get in your way when arguing damages in court because your medical records are less accurate. Getting immediate medical attention and making frequent visits to the doctor is a good way to keep accurate records.