Who Is at Fault in a Workplace Accident?

 Posted on February 06, 2024 in Workplace Injuries

There are many procedures and steps in place to prevent workplace accidents, and employers have a duty to keep their employees safe. When proper procedure is not followed, employers are negligent, or third-party equipment fails, a workplace accident can occur and have serious consequences. Speaking with an experienced Illinois workplace injury lawyer is essential to determine the fault of your accident and explore your options for compensation.

Avoiding Common Workplace Accidents

Workplace accidents may occur in any industry, though construction work and industries that utilize heavy machinery are more prone to serious accidents. There are numerous procedures and safety regulations put in place to avoid accidents from occurring, but negligence, recklessness, and third-party equipment malfunctions do occur.

The most common types of workplace accidents include:

• Construction accidents, including slip and fall accidents

• Defective machinery or equipment failures

• Burns or electrical shocks

• Collapse accidents or accidents during excavation

• Explosions

These accidents can be avoided by following proper workplace procedures and by employers ensuring that regular safety checks are completed in addition to upholding appropriate safety regulations. The fault generally lies with an employer or a third-party in the majority of workplace injury cases.

Pursuing a Claim Against a Third Party After a Workplace Accident

Pursuing a personal injury claim after you have been injured in the workplace can be difficult, as you will need to determine who is at fault. In most cases, workplace injuries are covered by the Illinois Workers’ Compensation Act, regardless of who is responsible. Workers’ compensation insurance then covers the losses an employee experiences as a result of their injury. 

However, in cases where an employer is extremely reckless, and particularly in cases involving injuries caused by third-parties, personal injury lawsuits may be possible. Third parties can include: 

• Contractors

• Delivery persons 

• Building or property owners

• Product manufacturers

• Security firms

• A private person who assaults or attacks an employee 

Compensation you may receive for a workplace injury claim includes the cost of medical expenses, ongoing care, lost wages, time spent unemployed, pain and suffering, or compensation for wrongful death in the case of a serious accident.

Contact a Chicago, IL Workplace Injury Lawyer

Workplace injuries can be serious, and if you or a loved one has received an injury while on the job, they may be eligible to seek compensation. Make sure to document all of the details about your workplace injury and follow-up care if you wish to pursue a claim.

It is important to speak with an experienced Chicago, IL workplace injury attorney at Winters Salzetta O'Brien & Richardson, LLC as soon as possible to explore your options. Call 312-236-6324 for a free consultation.