As an expert in employment law, I am often asked about the liability of employers when it comes to workplace injuries caused by employees. The legal term for this is “course of employment”, and it essentially means that if you were injured while performing your normal work duties, your employer may be held responsible. The extent of an employer's liability for employee injuries depends on various factors, such as when and where the injury occurred. For example, if a company provides its employees with vehicles to use for work purposes, and an employee gets into an accident while driving to or from work, the employer may be held liable for any resulting injuries. Employers have a responsibility to ensure that their employees are qualified and capable of performing their job duties safely. This includes providing a safe working environment and properly maintaining equipment and machinery.
Even seemingly low-risk jobs, such as office work, can pose hazards like carpal tunnel syndrome or falls from ladders. However, jobs in industries like construction carry a higher risk of serious injuries from heavy machinery or falls from scaffolding. If an employer is aware of a hazard related to broken equipment or machinery and fails to address it, they may be found negligent in the event of an employee injury. This can result in a lawsuit against the employer for negligence. When evaluating a potential personal injury lawsuit against an employer, a work injury attorney will look for evidence that the employer did not meet the standard of care expected in the industry. This could include failure to properly train employees or provide necessary safety equipment. In some cases, an injured employee may also have a claim against a third party who caused their injury due to negligence.
In these situations, the employer's insurance company may pursue legal action on behalf of the employee to recover damages. It's important to note that an employer may not always be held liable for workplace injuries. For example, if an employee is using a company vehicle for personal reasons outside of work hours and gets into an accident, the employer would not be responsible for any resulting injuries. If you have been injured on the job due to someone else's negligence, you have the right to seek compensation for your medical expenses, lost wages, and pain and suffering. Depending on the circumstances of your injury, the responsible party may be your employer, a third party, or a combination of both. In some cases, your employer or the Ohio Workers' Compensation Office (BWC) may seek to recover some of their expenses if you receive compensation from a third party. This is known as subrogation and is a common practice in personal injury cases. Employers are also required by law to follow basic safety standards set by the Occupational Safety and Health Administration (OSHA) to protect their employees.
Failure to do so can result in penalties and legal action. It's important for employees to understand their rights when it comes to workplace injuries and to seek legal advice if they believe their employer may be liable. The final settlement or verdict in a personal injury case will depend on various factors, including the extent of the injuries, available insurance coverage, and the impact of the injuries on the employee's life.
