There are many risks that factory workers face on a daily basis. Injuries can and do happen, some with very severe ramifications. Injured workers may have to spend an extended time out of work and may require significant medical treatment.
At this time, these workers need to look into their options to seek proper workers’ compensation benefits. Generally, this is a no-fault system. A worker who is doing their job and is on the clock likely deserves workers’ comp benefits, whether they were at fault or not. The system is set up this way so that workers do not have to sue their own employers, but the trade-off is that most businesses carry workers’ comp insurance to cover these costs.
When will fault be considered?
That said, fault can be a factor in some cases. For instance, if workers take intentionally dangerous actions that are outside the scope of their duties and responsibilities, leading to their own injuries, then their workers’ comp claim may be denied. Two common examples of this are when workers are engaging in horseplay or when they are intoxicated or impaired on the job. If an employer makes this type of accusation, the worker may need to prove that they were not at fault to get the benefits they deserve.
Another situation where this may apply is if there is a third-party lawsuit, such as a product liability lawsuit. Perhaps the factory worker was injured by a defective machine. They may want workers’ comp benefits, but they could also pursue a lawsuit against the manufacturer of that machine for causing their injuries.
Gathering evidence
The most important thing to do when proving fault is to gather evidence. For instance, an expert witness may testify about how the product should have been designed to show that the design was defective and dangerous. A pattern of incidents could also be used as evidence, such as if a certain machine has injured many workers in the past.
As far as on-the-job evidence is concerned, witness testimony from other employees often plays a big role. Many workplaces also have security cameras or other surveillance systems, so there may be video footage of the incident in question. Furthermore, since compensation is partially tied to medical bills, evidence in the form of medical records or statements from a physician can help.
If you have been injured on the job and are working your way through this process, be sure you are well aware of your legal options and the steps you’ll need to take.The post The Challenge of Proving Fault in Factory Accidents first appeared on Foote, Mielke, Chavez & O’Neil, LLC.
