Many people who become injured while at work wonder who is really liable for the injury and whether they are eligible for any part of worker’s compensation. For virtually any injury that happens in the workplace, the worker is not considered to be at fault for that injury unless the worker was doing something illegal at the time. If the worker was drinking or taking drugs prior to the accident, this would make them liable for the accident. Otherwise, the employer is at fault.
Why Is the Employer at Fault?
Virtually all accidents that happen in the workplace are preventable. If someone is injured, it often means that the company didn’t train the workers well enough, allowed a safety hazard into the workplace or didn’t put a plan in place that would make its employees safer. When someone is injured while doing their job, it then falls to the employer to pay for all of the medical treatment necessary as well as certain other expenses.
The employee may also be entitled to a lump-sum payment or to ongoing payments that replace lost wages. If the employee had to take a lower-paying job after the accident, they are owed the difference between the two wages.
Trouble With Workers’ Comp
While workers’ compensation laws are there to help workers, it isn’t always easy to get an employer to own up to their own liability. It often requires an attorney to step in and make sure that the employee gets everything they have coming to them. Attorneys like the ones in Ankin Law Office are highly experienced in workers’ comp cases as well as the strategies that employers often use to try to avoid paying the injured party.
Whether it’s a for-profit business, a non-profit organization or even a government agency, underpaying or refusing to pay at all is an extremely common problem for injured workers. Workers may be told that they aren’t owed any money at all because the injury was slight. However, if there is pain involved and any medical treatment needed, chances are that the company is liable for your injury.