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Work Accidents & Injuries: Who is Responsible?

Workplace accidents can occur at any time. Whether an injury is caused by an employee’s carelessness or employer negligence, employers must take action to protect workers from further harm.

An employer could potentially face legal liability if negligence led to an accident. According to the Occupational Safety and Health Act of 1970, they are responsible for assuring safe working conditions for employees.

The following are the most common ways your employer can be responsible for an accident and injury:

  • Your employer fails to provide you with proper training or appropriate protective equipment.
  • Your employer fails to adhere to the health and safety laws and you suffer an injury as a result.
  • Your employer is responsible for any injuries that may occur while manually handling items at work.
  • Your employer fails to provide details of the jobs and any advice when carrying out procedures in the workplace, resulting in an accident and injury.
  • Your employer is responsible to ensure that there are no hazards that may cause injury.

In cases where a worker’s own behavior resulted in an accident, employers are still responsible for ensuring the workers’ safety if the accident occurred on company property or on company time. They are also responsible for making sure that the employee receives medical treatment.

In most cases, employees injured at the workplace receive workers’ compensation regardless of who was at fault for the accident. Employers are required to purchase workers’ comp insurance to pay medical costs and lost wages that result from a work accident.

However, in situations where someone who is not associated with your employer is to blame for injuries, this is known as third party liability. This situation may enable you to file a personal injury lawsuit against that party, in addition to receiving workers’ comp benefits.

Common examples of third-party liability include:

  • Work-related auto accidents
  • Defective products
  • Accident caused by a visitor to the worksite, a delivery person, or passerby

If you have been injured in an accident on the job in Texas, schedule a free consultation with our Austin personal injury attorney at The Stewart Law Firm, PLLC today.

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