Employer Responsibility in Workplace Accidents
Accidents occur in any time and any place, and regardless of whether the cause of the accident is due to the worker or the employer, it is still the employer’s responsibility to ensure that their workers are protected from harm or injury. Failing to protect the safety and wellbeing on their workers can make the employer vulnerable to legal liability when it is proven that negligence is the cause of the accident and worker’s injury. The employers’ responsibility does not stop even when the workplace accident was caused by the worker because of the OSH Act of 1970 that states the employers’ responsibility of ensuring the safety and healthy working conditions of the company and worksite. Failing to uphold the OSH Act of 1097 would lead to citations, penalties and even lawsuits against the employer.
The OSHA Act of 1970 also gives employers the responsibility of upholding the workplace safety standards and are held liable for accidents that occur in or during working hours and even away from the workplace as long as they are doing their job, like training breaks, and travel for work purposes. According to the website of Williams Kherkher, all employers have a broad legal responsibility to remove hazards that may lead to death or serious injuries in the workplace. They are also required to purchase worker’s compensation to cover for all the expenses and lost wages that the injured worker suffered as a result of the workplace accident. Worker’s compensation is given regardless of who caused the accident.
The employer does have some legal leeway; accidents that are caused by worker’s negligent behaviors such as intoxication and reckless actions can protect the company from legal responsibility. In many personal injury claims, injured workers assert their right for financial compensation when they believe the company was negligent of their responsibility of ensuring workplace safety, and firms like Williams Kherkher will be the ones who will have to provide evidence, in forms such as documentation and medical records, to present to the court. Personal injury claims are filed only when there is evident negligence on the part of the company or another worker which caused the accident, and will nullify their rights for worker’s compensation. It is therefore important to consult with a personal injury lawyer before filing an injury claim against your employer.