A workplace accident can result in a serious injury or harm to an employee and may entitle the injured party to make a personal injury claim. A work accident claim can arise from a wide range of situations, including slips and falls at work where the there is proof of negligence, machinery accidents especially owing to poor maintenance, and exposure to toxic substances.
To establish a workplace accident claim, the injured party must show that the accident occurred in the course of their employment, and that their employer was at fault for the accident by way of negligence or other factors. This may involve showing that the employer failed to provide a safe working environment, failed to provide adequate safety equipment or training, or failed to follow safety regulations. The duty of care owed to employees by employees can either be common law duty and or statutory duty. The common law duty requires an employer to exercise due care and skill in four particular areas by providing competent staff, adequate plant and machineries and equipment, a safe system of work and safe premises. The statutory duty on the hand are the various legislations that are put in place to ensure workers’ safety like Health and Safety Acts, Risk assessments among others.
Once fault is established, the injured party may be entitled to recover damages for any physical injuries, medical expenses, lost wages, and pain and suffering resulting from the work accident. The amount of damages that may be recovered in a work accident claim can vary depending on the severity of the injuries suffered, the extent of the medical expenses incurred, and other factors.
It is important to note that work accident claims can be complex, and it is important to consult with an experienced personal injury attorney who can help navigate the legal process and help the injured party recover the compensation they deserve. Additionally, some jurisdictions have specific laws and regulations related to work accidents and workers’ compensation claims, so it is important to be aware of these laws and regulations.’
Common causes of workplace accidents include:
- wet or uneven floors, clutter or loose cables which can cause slips, trips or falls;
- poor training or supervision or inadequate training which can lead to falls from a height;
- faulty equipment machinery which can cause trapped or severed limbs;
- insufficient training which can lead to vehicle collisions;
- lifting heavy loads without the proper equipment, training or help which can cause manual handling injuries;
- wrongly stored or used chemicals or gases which can lead to burns; and
- exposure to harmful substances which can cause occupational illnesses.