Austin Employer Negligence Attorney

However, if a worker is injured because of negligence of the employer or a colleague, the law generally restricts any legal claim against the worker’s employer or colleague, and limits the injured worker to remedies that are available under workers compensation. 
However, it is good to know that there is still an important exception to this general prohibition against suing an employer for work-related injuries. This is the case for those in the police force, as well as firefighters who are allowed to sue their respective employers if their negligence causes the injury or even death while on the job.

Injury: When Employer Negligence can Result in Lawsuit

Employers have a responsibility to keep their employees safe from harm.  This responsibility is especially relevant in industries that are dangerous, such as construction, maritime, and shipping industries.  Employers have to provide sufficient training for its employees on handling equipment, as well as provide adequate employees for a job, and to follow regulations for their employees.  Unfortunately, there are still employers who do not follow these basic guidelines, in which it is the employee who pays the price.

Employers may be held responsible for actions of omissions, which include:

• Failure to properly maintain safety equipment

• Removal of safety provisions from an equipment

• Failure to provide proper training

• Failure to properly assess new employees

• Failure to provide clear and adequate instructions for a task

• Failure to provide sufficient machinery, equipment, or assistance for a task

• Failure to provide the right guidance when it comes to emergency procedures

• Failure to follow the company’s guidelines, as well as the state and federal regulations

Lead, Asbestos, and Other Harmful Substance: Employer Negligence

Some individuals also suffer workplace injuries after being exposed to harmful substances which include lead, asbestos, and other hazardous materials. Other types of injuries can come from operating heavy machinery that is faulty and defective.

If you have been hurt in the workplace, you may file for workers’ compensation without having to go through lengthy litigation. However, this prohibits you from filing a case against your employer, even if he or she was proven to be negligent. Thus, it is best to first contact a personal injury attorney before making any decisions on the course you will be pursuing.

Second Party in Employer Negligence Case

Furthermore, it may be the case that there is another party who is responsible for your injuries.  You can also take action against them, while at the same time receiving your workers’ compensation.  The possible negligent parties are:

• The owner, or the person responsible for the property where you were injured
• An employee from another company that you were working with
• The manufacturer, seller or distributor of the defective equipment which caused your injury

Examples of injuries due to employer negligence:

• Traumatic brain injuries
•  Spinal cord injuries
• Amputation
• Back injuries
• Cuts, abrasions, and burns