An employee, while working for an employer is expected to exercise personal injury discipline in the workplace. Personal injury includes bodily injury, sickness, or disease caused by the negligence of the employer. An employee cannot be held responsible for an injury that was the result of the employer’s negligence. In the UK, this is known as the Bodily Injury Act 1974.
Bodily Injury is a term that is used to describe any kind of injury to the body that results from the fault or negligence of the employer. This includes sickness, disease, or death on the part of an employee or any person acting on the behalf of an employee. Employers have a legal duty to take care of and protect their employees from conditions that may cause injury. Bodily injury may result from accidents such as work-related falls, slip and accidents, serious health or safety issues, excessive traffic, and dangerous machinery.
The Bodily Injury Act 1974 states that where there has been a death or any permanent or temporary disability or disfigurement or physical illness of an individual who has been employed by an employer, then the employer must provide proper medical treatment. The employer should have reasonable care and use reasonably available tools to provide treatment. The employer should also ensure the safety of the individual concerned. These regulations are intended to protect the interests of employees who have been injured, as well as their families. For example, if an employer fails to provide a safe working environment, the employee may be able to sue the employer for negligence.
Personal injury is a term that can be defined as damage to a person’s emotions, body, psychology, or private life. It can also refer to mental and emotional damage caused to an individual by another person. Employers must have reasonable care and use reasonably available tools to provide proper care and protection to employees. Personal injury lawyers specialize in personal injury cases and should therefore only represent clients who have experienced a workplace injury. The lawyer will advise his client to contact an appropriate legal professional if the employer has not been negligent. This will ensure that the proper channels of legal recourse have been exhausted.
There are four main factors that employers need to consider when deciding whether they are at fault in a personal injury case.
- First, an employer has a legal and financial obligation to provide a safe working environment. This means that if the employer’s machinery or equipment is not safely maintained, equipment used by an employee could injure him.
- Second, an employer has a legal duty to protect his employees from reasonably foreseeable risks of injury from other employees,
- third, that an employer has a responsibility to make reasonable accommodations for employees who are affected by conditions beyond his control, and
- fourth that an employer must take reasonable steps to mitigate the potential negative consequences of his actions.
If the employer fails to fulfill these obligations, he could be held legally responsible for a workplace accident or injury. This includes negligence. The general principle in negligence is that negligence results from the failure to exercise reasonable care.
To show negligence, a plaintiff has to show that
(a) the employer failed to provide a safe working environment,
(b) the employer failed to provide suitable workwear,
(c) the employer failed to provide adequate safety training,
(d) another employee was injured as a result of the employer’s negligence, or
(e) the employer failed to accommodate the victim’s disability. It could also be argued that the employer’s failure to accommodate the victim’s disability resulted in her being subjected to undue hardship.
An employer’s duty
An employer’s duty of care could also include negligence in the construction of the premises on which the employees work. In addition, the owner or landlord of the property may be held responsible if the workmanship or materials used by him were dangerous. Finally, an employee may sue his employer for assault or battery based on his being on the premises when an employee was injured. The most common case involved in this area is where employees are sleeping on the job and someone falls and causes them to become injured.
An injury attorney who is dealing with a worker’s compensation claim will always ask the employer for documentation showing that the work is safe. This will be the best evidence that the employer can provide to satisfy the employee’s injury claim. The same is true for an injury case involving slip and fall injuries. An employee may be able to sue for personal injuries and employer negligence even after the case has been settled if the employer fails to produce the necessary paperwork.