Workplace Accidents: Proving Employer Responsibility
When you’re hurt on the job, you may be eligible to seek compensation and payment for your medical bills through a workers’ compensation claim. In filing this type of claim, there is no need to prove employer responsibility or liability in your accident. You simply must meet a few basic requirements.
Workers’ Comp Claims
Workers’ compensation is a no-fault type of insurance coverage. It is not necessary to prove employer responsibility when an accident occurs.
In order to be eligible for workers’ comp, you must meet these requirements:
- Your accident and injury must have occurred during the course of employment/
- You must not have willfully caused your own injury out of misconduct, intoxication, or recklessness.
- Your employer must carrier workers’ compensation insurance.
You also must notify your employer of your intent to file a claim within 30 days of the accident. Otherwise, you will lose your right to workers’ comp benefits.
If your employer does not have workers’ compensation insurance, you can still seek compensation for your injuries, lost wages, and pain and suffering if you’re hurt on the job. You may even be due punitive damages if the accident occurred out of significant negligence or recklessness.
To seek these damages, you would need to file a civil claim against the employer, coworker, or third party who caused the accident. In this case, you may need to prove employer responsibility or negligence in order to win the claim and be compensated.
Determining Next Steps
When you’re hurt on the job, it’s always best to consult with a San Antonio workplace injury attorney. They can advise you as to the type of claim to file – either workers’ comp or a civil one – and assist you in filing and proving your case, if necessary.