Ask a Work Injury Lawyer: How Do You Prove the Employer Was at Fault?

When working with a work injury lawyer in Houston, one of the first things you’ll need to do is prove that your employer was at fault for the injuries you sustained. In some cases, this isn’t so easy, but there are ways you can prove liability. Your attorney will work hard to investigate the case and prove who was at fault so you can win a settlement to compensate you for your injuries.

Ask a Work Injury Lawyer in Houston: How Do You Prove the Employer Was at Fault?

1. Visit the Accident Site

You and your attorney may wish to return to the site of your accident to take photos and videos of it. This will only work if there’s an obvious issue at the site, such as a pothole that should’ve been filled, pipes or wires that should have been secured, or something similar.

Your employer is responsible for ensuring all employees have a safe environment to work in, and, if there are obvious hazards around your work site, then it is a clear indication your employer was at fault. Any experienced work injury attorney will know when an accident could clearly have been avoided based on the site. If you need help finding an attorney to take on the job, check out this site.

2. Prove You Were Missing Safety Gear

Do you work at a site where you should be provided with appropriate safety gear to keep things secure? If you weren’t provided with that safety gear, then this works as evidence against your employer. Your attorney can speak to other employees at your workplace who can back up your story about not being given the appropriate safety equipment at work.

It’s your employer’s responsibility to ensure all employees have the right safety equipment, whether it’s provided by the company or purchased by each employee individually.

3. Show You Received a Lack of Training

If an improperly trained employee becomes injured on the job, then it’s most definitely the employer’s fault.  Employers are required to provide all employees with the appropriate training they need to navigate their work sites and operate potentially dangerous machinery.

Your attorney can investigate the company’s employee onboarding process to show that training is not given to new employees taking on a job. They can also speak to other employees at the company who confirm your story that they received no or insufficient training when taking on their roles.

4. Use Video Evidence

In some cases, you may have to prove that you were actually injured because of the lack of safety gear, poor training, or a hazardous environment. If there are any security cameras around your workplace, then ask to access the footage that shows you becoming injured on the job. This will definitely back up your story and show your employer was liable for the injury you obtained.

5. Investigate Previous Injury Reports

If you’ve been working in an unsafe or unkempt environment, then it’s possible you aren’t the first person who’s been injured on the job. Look into complaints lodged with HR or the company’s higher management. Maybe some of your colleagues or former colleagues have also been injured on the job, but they just haven’t opened a lawsuit the way you have.

6. Talk to Your Colleagues

Many of the points above involve getting your attorney to talk to your colleagues to get them to back up your story about your current unsafe work environment. They can also serve as witnesses to say the issues have been going on for a while. Plus, if any of them witnessed your accident, then they can provide a statement that works as evidence in your favor.

What Can You Be Compensated For After a Workplace Accident?

Some of the things you can be compensated for after experiencing a workplace accident include:

  • Pain and suffering
  • Lost income
  • Future loss of income
  • Medical expenses for current injury treatment
  • Future medical expenses

You may be entitled to other forms of compensation depending on your specific case. You can discuss this with your attorney as needed.

What If You Can’t Afford an Attorney to Help You Win Compensation?

The beauty of personal injury law is that you don’t need to be able to afford an attorney to win compensation. You’ll pay a contingency fee only if you win your case. Your employer’s insurance company will have to pay out your settlement and pay for your legal expenses on top of it.

The best attorneys have ways of gathering evidence that will prove your employer was at fault for an injury you obtained at work. They can also help you win compensation to help make up for everything you’ve dealt with since obtaining the injury. Working with a highly experienced work injury attorney is the way to win.