When an employer offers worker’s compensation to injured employees, a worker cannot sue for damages. Yet a lawyer knows that there are times when an employer can be held responsible for an injury to an employee that was caused by negligence.
Needed conditions for an employer to be held liable for an employee’s injuries
An employment relationship exists between the employer and the injured employee.
The negligent act was committed during the time of the worker’s employment.
How does an injured worker provide proof of an employment relationship?
Show that the employer controlled the means and manner by which the employee’s work was performed.
For instance, suppose that an employee developed double vision after retrieving a series of boxes from an upstairs storage room. The employer controlled the storage room and the manner by which items were removed from that same area. Hence, the injured employee would have proof of an employment relationship.
How could an injured worker provide proof of negligence on the part of the employer, or on the part of another employee?
Show that the act that caused the injury was one that was required by the employer.
Alternatively, show that the act that caused the injury was reasonably incidental to the injured worker’s employment.
Consider again the example mentioned above, where an employer develops double vision while retrieving boxes from an upstairs storage facility. When the incident took place, the employee was expected to bring down the box that contained the culture flasks that the same employee would be using.
In other words, the worker got injured while performing an act that was required by the employer. The time at which the act was carried out is also significant. The employer did not climb the stairs during a lunch break; the employer’s double vision developed during work hours.
Look again at the time of day when the injury developed. That development did not take place while the employer was commuting to or from the worksite. Workers that get injured while on their lunch break or while commuting to or from their worksite have no basis for an effort to hold their employer responsible for their injuries.
What action should an employee take if he or she were to get injured at the time of the appropriate circumstances?
It is best to hire an attorney. A Personal Injury Lawyer in Richmond Hill that specializes in workplace injuries can study the situation and see whether or not the injured employee would have a strong case. Of course, the injured worker might feel uncomfortable working under the eyes of someone that has become the target of the same worker’s lawsuit. Normally, when an injured employee sues his or her employer, then that same employee qualifies for disability benefits.