Who is Liable in a Workplace Injury?

Posted On February 15, 2022 Personal Injury Written by John Allen Phebus

Going to work should never end in a disaster, such as a serious physical injury that will impact you for the following weeks, months or for life. Unfortunately, this is exactly the experience that hundreds of workers in Arizona have each year. Many employers are guilty of failing to maintain safe workplaces for employees. If you have a work-related injury in Peoria, discuss the possibility of filing a lawsuit with a Peoria personal injury attorney at The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer. We offer free case evaluations.

Common Workplace Injuries

A dangerous workplace can result in many different types of injuries to workers, including catastrophic injuries and permanent disability. The most frequent workplace injuries include:

  • Broken bones
  • Repetitive motion injuries (e.g., carpal tunnel syndrome)
  • Muscle strains and sprains
  • Pulled muscles
  • Back and neck injuries
  • Disk herniation
  • Head and brain injuries
  • Lacerations
  • Crush injuries or amputations
  • Chemical, thermal, electrical or radiation burns
  • Post-traumatic stress disorder

If you or a loved one was diagnosed with any type of injury from an accident at work, you may be eligible for financial compensation.

Causes of Workplace Injuries

Every workplace in Arizona can contain hazards that injure workers, including offices, warehouses, restaurants, manufacturing plants, construction sites and farms. Workplace injuries can occur in many different types of accidents, such as:

  • Slip, trip and fall accidents
  • Transportation accidents
  • Contact with equipment and machinery
  • Fires or explosions
  • Defective product incidents
  • Elevator or escalator accidents
  • Acts of violence

Most workplace accidents are caused by negligence. This means they could have been prevented with proper care and attention by an employer, coworker or third party.

What Damages Can I Recover After an Injury?

The damages, or financial compensation, that are recoverable after a workplace injury in Arizona depend on the specific case. Most injured workers are able to demand compensation for economic and noneconomic damages, including:

  • Hospital bills (present and future)
  • Permanent disability
  • Lost wages
  • Lost future capacity to earn
  • Pain and suffering
  • Emotional injuries
  • Legal fees

The value of your case will depend on factors that are unique to you, such as the severity of your injury and your prognosis for recovery. An attorney can accurately evaluate the worth of your case.

Who Is Liable in a Work-Related Injury?

Determining liability for a work-related injury often requires a comprehensive investigation of the accident. The party that is liable, or legally responsible, for the accident is the one that committed an action or omission that fell short of the duty of care. In a workplace injury case, this is often an employer for failing to maintain a reasonably safe premises. You may also have grounds to bring a claim against a product manufacturer, a subcontractor, a property owner or a third party for a work injury, depending on the circumstances.

Do I Have a Claim?

If negligence contributed to your workplace injury in Peoria, the negligent party may be financially responsible for your bills and losses. To have grounds for a claim, you must have the four main elements of negligence: duty of care, breach of duty, causation and damages. In essence, you must have evidence that a defendant had an obligation to act with reasonable care, did not meet this obligation and that this caused your injuries.

Call a Peoria Personal Injury Attorney

If you were recently injured in any type of accident at work, an attorney can help you pursue financial compensation to pay for your medical bills and other costs. More importantly, an attorney can make sure that you have everything you need to recover from a serious work injury during this difficult time. To discuss your case with a lawyer at no cost or obligation, call (623) 847-7117 or contact us online. The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer are here to help.