Who Is Liable for a Workplace Injury?
The key to recovering fair damages in a workers’ compensation case is figuring out who is responsible. When a person sustains a back or neck injury in the workplace, there can be several liable parties.
Employer
In the majority of cases, the employer is responsible for the injuries an employee sustains at work. They can be liable even if the worker accidentally harmed themselves. This could happen, for example, because the employer failed to provide adequate training or appropriate protective gear.
If an employer fails to adhere to the safety rules, like OSHA regulations, and the worker suffers injuries as a result of such negligence, the company is at fault.
When an investigation demonstrates that the employer acted negligently and did not protect the employee properly, the injured person can file a worker’s comp claim.
Third-Party
Some back and neck injuries can involve full or partial fault of third parties, such as an accident caused by a non-employee who was visiting the workplace. For example, if an accident occurred when the employee was handling a defective product, the product manufacturer could be at fault. If a third party is responsible, the injured person can file a personal injury claim. In some situations, both the employer and the third party can be liable.
Our Bakersfield workplace neck and back injury lawyer can help an injured employee file one or two different claims.
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