What’s My Employer’s Duty of Care to Me in a Workplace Accident?

Were you injured in a workplace accident and need assistance filing your workers’ compensation claim? Reach out to the Law Office of James M. Hoffmann.

All employers have a duty to protect their employees against any foreseeable accident or injuries that may arise while working. Therefore, employers must identify all risks that the employees may be exposed to and develop ways to control the risks.

Below, we discuss employers’ duty of care and what they ought to do in case of a workplace accident.

Duties Employers Owe Their Employees

Here are some of the duties employers owe their employees and appropriate measures they can take to control workplace risks:

1. Competent Staff

As part of their legal duty of care, employers are duty-bound to hire qualified and competent staff. Competent staff can quickly identify the hazards associated with particular operations and develop solutions to risky situations without putting other employees at risk.

Suppose an employer fails to hire competent staff, and one of the employees puts others at risk of getting injured. The employer is generally considered to be vicariously liable for the employee’s negligent acts.

2. Suitable Equipment

Tools and equipment must be put in safe working order. Otherwise, the employer could be held liable for any accident caused by the faulty equipment. Employers should be concerned about the suitability of the workplace tools and equipment if:

• The equipment breaks down frequently while in use
• The machines start working unexpectedly
• There’s oil leakage from the machinery

3. A Safe System of Work

An employer must take reasonable measures to ensure a safe system of work. Such measures should include:

• Implementing a response plan for different types of accidents
• Training employees on safety response plans
• Ensuring first-aid supplies are accessible to all employees
• Assigning safety personnel, especially for dangerous jobs

4. Safe Premises

Under the Occupational Safety and Health Act (OSHA), an employer must ensure safe working conditions. This duty of care extends to employees working remotely or working off-site with clients and vendors. Failing to take the necessary safety measures could lead to enforcement actions such as stopping all the work until the required safety measures are implemented.

“What Should My Employer Do if I Have an Accident?”

As soon as an employee gets injured while working, employers should ensure that the injured employee is out of danger and have them seek immediate medical attention.

Also, employers should keep records of the accident in the company’s accident book. Such records will provide insight on improving safety in the workplace and preventing future incidents from happening.

Do You Have a Work-Related Injury?

Were you injured in a workplace accident and need assistance filing your workers’ compensation claim? Reach out to the Law Office of James M. Hoffmann. Our attorneys will handle your case with expertise and ensure you receive the compensation you deserve. Contact us today for your case review.