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How Is Negligence Determined in a Work-Related Injury

When it comes to dealing with an injury, especially one that wasn’t your fault and happened due to someone compromising your safety, it can get extremely stressful trying to fund all the necessary medical expenses and provide for your family, as well as just dealing with the whole situation.

Legal matters generally tend to be complicated, and if you happen to find yourself in a situation where you are affected by negligence, it is crucial that you are aware of your rights in order to be able to plan your next move and get compensated properly. All of that being said, in this article, we are going to help you understand how things work when it comes to determining negligence in a work-related injury.

What Is Considered Negligent Behavior In The Workplace Setting

When it comes to accidents that have happened due to negligence, in most cases, the situation consists of three different things causing it. Firstly, your employer owed you a duty of care, secondly, your employer has breached that duty of care, and finally, the injury you suffered as a result of the breach of duty.

But the thing is, not many people understand what it is that makes a certain type of behavior negligent, so, let’s talk about different aspects of negligent behavior when it comes to work-related injuries. There are many different details that can be considered as such, but in general, negligent behavior can be separated into four different categories that can further be branched out.

Negligence When Hiring

The first category of negligent behavior, chronologically speaking, happens when it comes to hiring. So, what is considered negligent hiring? Basically, when an employer hires a new employee, they must take into consideration several important things. Most importantly, a person that is being hired needs to be qualified to do the work that is required, and secondly, a background check is necessary. All of this must be done in order to ensure the safety of their other employees.

How Can This Be Determined In A Case of Injury?

In case someone happens to be in a scenario in which they have suffered a work-related injury, there are plenty of different reasons on which the claim can be filed, but most of the accidents could have been avoided if a proper background check was conducted. As experts on this topic from explain, an employer’s failure to conduct an adequate background check is one common way to prove negligent hiring due to the fact that it is a breach of duty of care. That being said, it can be hard for an individual to prove this, but a skilled, experienced attorney can help you out to do so.

Negligence In Training

The second scenario that comes into play while determining negligence is the causation of injury due to the breach of duty regarding training. If the employer has failed their responsibility to ensure that every employee goes through proper training for the job, an injury that has happened as a result of not having that training – the employer is at fault.

A basic example of such a scenario is one in which someone is hired to work on a construction site, they weren’t trained on how to properly use the equipment, and as a result of that happen to injure themselves or others. If something like this happens to you, you are absolutely eligible to call on the employer’s negligence duty of work for your injuries by filing a claim.

Negligence in Supervision

Here’s the thing, even if the employer has done a proper job regarding hiring and training, they are still responsible for the supervision, and failure to do so is considered negligent supervision. What does this apply to? Well, if there is a case in which a worker shows any kind of dangerous behavior, the employer doesn’t go on and correct that behavior, and it just so happens that the same person’s behavior escalates into a situation that causes an injury to someone, then the employer can be held responsible for injuries inflicted in the assault.

Negligent Retention

The last form of negligence that we are going to discuss is negligent retention. This basically means that if an employee is properly hired, trained, and supervised, but still happens to occasionally display any type of worrisome, violent, or careless behavior in the workplace regardless of previous warnings, then it is the responsibility of the employer to fire that person If an employer fails to do so, then they can be found responsible for the concept of negligent retention.

In the end, it all comes down to determining the root of the problem that has caused a workplace injury. Considering the fact that negligence can be broadly defined as conduct that falls below the standard of care that is expected to be maintained if you know your rights, it can easily be determined if the injury happened due to an accident or due to negligence. That being said, be sure to do your research in order to be able to protect yourself!


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