Employees deserve to have a workplace they feel safe and comfortable in. Unfortunately, a significant amount of workers suffer from workplace negligence in Florida. Too many people are put at an increased risk of injuries- which can be quite serious- that end up putting not only careers but more significantly workers and their families in dire straits financially and emotionally. However, there are certain protections in place for employees so that they are able- under specific circumstances- to file a suit against their employer for negligence. Firstly, it’s essential to have a thorough understanding of workplace negligence law, which most laypeople probably don’t have. If you are put in the difficult position of having a negligent employer, and if it leads to personal consequences, you need to have an experienced workplace negligence attorney on your side to help you figure out your options and navigate the situation.
For those who are trying to get the basics of this area of law, here’s a breakdown of why and how you may sue your employer for workplace negligence.
Defining Workplace Negligence
Workplace negligence happens when a person or entity doesn’t act reasonably under certain circumstances. Either inaction or incorrect actions can result in workplace negligence. Potential consequences of workplace negligence include:
- Missed work
- Severe injuries that result in pain and suffering
- Financial instability or pain
- Fatal injury
Several kinds of employer negligence may end up in a workplace negligence lawsuit, such as:
- Negligent retention: This happens when a worker impacts workplace safety and the company knows about it, yet doesn’t protect its employees.
- Negligent hiring: When bringing new employees, an organization needs to do due diligence. If it doesn’t screen people who may pose a threat to others (i.e a history of assault) or allows an employee without the proper credentials/licensing to operate a role, it puts other employees in jeopardy.
- Negligent supervision: An employer who fails to monitor or oversee employee actions can end up being responsible for injuries or other significant consequences. This is known as a duty of care, which is considered negligence when breached.
- Negligent training: When a company doesn’t offer adequate training allowing personnel to comprehend various situations on the job and handle them appropriately, they may be liable for any ensuing problems.
Suing Your Employer For Negligence
So, you’re wondering about your next steps. Can you actually sue your employer for negligence? You were injured severely while working, and it was due to your employer’s negligence, then an employer negligence lawyer may help you sue your employer. Some factors to keep in mind when determining if you have a valid claimL
- Your employer must have the duty to ensure that you job site or workplace is safe and conducive to employment
- You need to prove that they breached their duty of care due to omission or commission
- You suffered damages as a direct result of their breach of care
- Your damages could’ve been foreseen due to their breach in the duty of care
Contact Us Today
If you were injured in a workplace accident, consult with an experienced workplace negligence attorney to determine your next steps. Call Asnis Srebnick & Kaufman to schedule a consultation today.