Some of the duties employers have to their staff are to ensure a safe work environment, and to carry insurance to cover the costs of any accidents that may occur on their premises. If you have been injured on the job and your employer is found negligent, then you may be able to recover compensation. Here is some information regarding workplace compensation claims.
Employer Obligations
Employers are required by law to provide a safe work environment for their staff by providing training on how to use equipment, training employees on safety procedures, maintaining equipment so it works properly and having handling procedures in place for toxic substances. Even though employers may provide a safe environment, workplace accidents can still happen, and they should have insurance to help compensate employees for their medical expenses and any necessary time off work. However, if an employer fails to provide a safe work environment or doesn’t have the proper insurance to cover your expenses, you may be able to file a claim against them.
Employer Negligence
In order to win a claim against an employer, you will need to hire an attorney familiar with tort law. A claim against an employer will usually depend on proving that they were negligent in their duty to provide a safe work environment because they did not provide proper training to their staff, had defective equipment, or didn’t follow proper safety procedures. Negligence can be difficult to prove, but your attorney can have your claims investigated in order to try to win your case.
Time Limits for Claims
If you ask an attorney, ‘Can I make a claim against a past employer?’ they may ask you some questions to help determine if you have a case. There is a three-year time limit for filing work accident claims, so if your accident occurred within the past three years, you might still be able to file a claim against that employer. The three-year time limit starts on either the date the accident took place, or the date when you realised your injury was due to a workplace accident.
Since the effects of exposure to some chemicals or materials, such as asbestos, may not be known for several years, you may still have a claim if your lawyer and doctor can help you prove your illness was the result of being exposed to the substance at work. The three-year time limit also includes workplace injuries that are fatal, so the family would have three years from the date of the deceased’s death to file a claim against the employer.
If you have had an injury at work, and your attorney can prove it was due to employer negligence, you may be able to receive compensation for any unpaid medical bills, time off work or for your care if you were not able to return to work after the accident. Consult with an accident claims attorney to see if you have a case against a former employer.