Who is liable for a workplace accident?

If an employee suffers from a workplace accident, they may become injured as a result of it. This may cause them to be unable to work. For these types of accidents, the employee may be able to collect workers’ compensation. Through workers’ compensation, they can get the aid they need to continue living while they are unable to work. When these situations occur, neither the employee or the employer is held responsible. If the employee files for workers’ compensation, they cannot hold their employer responsible for the accident. However, they are not responsible for the accident either. It is simply an accident. By avoiding liability, it helps to protect both the employee and the employer.

What is workers’ compensation?

Workers’ compensation was a system put in place to protect employees. If employees suffer an accident in the workplace that leaves them injured and unable to work, they can be sure that their job will not be taken away. While they are healing, they can collect workers’ compensation to aid them. This aid can come in the form of monetary compensation for medical bills, lost wages and lost future wages. With this aid, the employee can continue to maintain their standard of living while they are unable to perform their duties at work. This can give them the time they need to fully recover and return to work when they are healthy. If the employee is unable to return to work in the future, they may be entitled to more benefits that can aid even further.

Can a third party be liable?

Employees and employers are two parties that are involved in the workplace and could possibly be involved in workplace accidents. However, a third party may also be involved in the accident. These third parties can be the manufacturer of a certain product that the employer uses for their employees. When a third party is involved in a workplace accident, they may be held liable for the injuries that an employee suffered from as a result of the accident. The employee has the opportunity to file a lawsuit against the third party if they wish to do so. They are able to collect workers’ compensation in the meantime. However, if they win the lawsuit against the third party, they may have to pay back the workers’ compensation that they previously received.

For strong legal representation from an experienced personal injury, bankruptcy, workers’ compensation, criminal defense, or family law attorney, contact Underwood & Micklin and we would be happy to schedule a consultation to discuss your matter.