If you were injured in a workplace accident due to employer negligence, you deserve justice and compensation. We are ready to help you get it.
Workplace Accidents
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Workplace Injuries
Attorneys Caring for Injured Victims
Suffering an injury in the workplace have serious long-term impacts for victims, and with statistics showing that there were 89 workplace fatalities in Alabama during 2018, this is an issue which could become a reality for many of us. From reducing your ability to work, to causing life-long pain, the consequences can be life-changing.
Employers have responsibilities to their employees, and a violation of these resulting in injury could be the grounds for legal action and the acquisition of damages by the injured party. It is crucial that you have a strong understanding of your rights, the obligations of your employer, and the action you can take if something goes wrong.
Types of Workplace Injuries
Transportation Related
Any workplace accident involving a vehicle can fall under this category.
Equipment
Misuse of equipment, improper training, or faulty equipment can all be common causes of injuries.
Slips, Trips, and Falls
These are common cause of injuries in the workplace, and can occur in almost any environment.
Harmful Exposure
Contact with dangerous substances or environments, including chlorine, stabilizers or toxins can cause serious injury.
Violence
Injuries that occurred in a workplace act of violence are included in this category.
Management/Training
This includes poor management or inadequate access to training that results in an accident.
How to
Establish a Workplace Injury
The Occupational Health and Safety Administration defines a workplace accident as being: “a discrete occurrence in the course of work which leads to physical or mental harm.” In addition, the document sets out criteria to help establish a workplace injury or accident. To qualify, the following elements must have been present:
- Fortuitous, sudden, or unexpected external event
- Occurs during working hours/on the way to and back from the workplace
- Arises out of work performed in the course and the scope of employment
- Causes bodily harm
- Underlying link between the event and the harm
If these criteria are met, the victim may be able to take advantage of workplace compensation.
Employee Rights
Any employer who has a staff of four or more employees is required to offer workers compensation insurance. This is a form of compensation which is designed to allow those injured in the workplace to obtain the financial support they need to move forward. Compensation may assist with medical expenses, loss of earnings, pain and suffering, and other costs which are incurred as a direct result of the accident. An employee can also instigate a lawsuit against a third party, if it can be proven that their actions or negligence directly contributed to the injuries.
In order to successfully file a lawsuit or claim damages, you will need to prove that the actions or lack of action of your employer directly contributed to the accident and your subsequent injuries. This could be due to an unsafe workplace or working conditions, lack of training, negligence, or recklessness on the part of the employer.
Workers compensation will offer either temporary or permanent compensation, depending on the severity and nature of your injuries, and can be invaluable for rebuilding your life following an accident, especially if you are unable to work.
Workers Compensation
Workers compensation exists to help protect those on both sides of a workplace injury. As a general rule, the system is ‘no-fault’, meaning that the employee is not legally required to prove fault. Employees also cannot be denied access to compensation, even if they are found to be partly to blame for the accident.
Despite these guidelines, there are certain citations which may negate the right of an employee to access compensation.
- A willful breach of a rule or regulation by the employee
- A refusal by the employee to use safety equipment or follow safety rules
- The situation arose due to the intoxication of the employee
- The accident was caused by the willful misconduct of an employee
If any of the above circumstances are present, you may be prevented from claiming for a workplace injury.
Next Steps for Workplace Injuries
If you have been involved in an injury in the workplace, get in touch with Pharr & Associates Injury Attorneys today. Our experienced team has worked with hundreds of individuals across Alabama and work tirelessly to help you secure the outcome you deserve in your workplace injury case.
