Employer negligence is a serious issue that can result in severe injuries or even death for employees. If you’ve been injured at work and believe your employer’s negligence was directly responsible, it’s crucial to understand how to prove this negligence in a workplace injury claim.
The first step in proving employer negligence is establishing that the employer had a duty of care towards the employee. This means that the employer was legally obligated to provide a safe working environment for their employees. In most cases, this duty of care is implied by law, but it can also be explicitly stated in an employment contract or company policy.
Once you’ve established that your employer had a duty of care, the next step is to demonstrate that they breached this duty. A breach could involve any action or failure to act on the part of your employer that resulted in unsafe conditions at work. For example, if your employer failed to provide adequate safety equipment or did not properly maintain machinery and you were injured as a result, this could constitute a breach of their duty of care.
After demonstrating that your employer breached their duty of care, you must then show causation – i.e., link between the breach and your injury. This involves proving that it was more likely than not (on balance) 50%+ probability)that your injury would not have occurred but for your employers’ breach.
Finally, once causation has been established, you need to demonstrate damages – which means showing evidence of physical harm done and financial losses incurred due to the injury such as medical bills and lost wages.
To gather evidence supporting these four elements (duty,breach ,causation,damages), begin by documenting everything related to the incident as soon as possible after it occurs.
Additionally,it might be beneficial consulting with a lawyer who specializes in workplace injury claims. They can help guide you through the process, gather necessary evidence and represent your interests in court or during settlement negotiations.
It’s important to note that proving employer negligence is not always straightforward. There may be instances where an employer has taken all reasonable steps to prevent harm but an accident still occurs. In such cases, it may be harder to establish liability.
However, if you’ve been injured at work due to your employer’s negligence, it’s worth pursuing a claim. Not only could you receive compensation for your injuries and financial losses, but your case could also prompt changes in workplace practices that improve safety for others in the future.
Munley Law
510 Third Ave 2nd Floor, Pittsburgh, PA 15219
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