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Proving Negligence in a Personal Injury Lawsuit

American workers are afforded rights. Ever since the Fair Labor Law of 1938 was enacted, new and better legislation has been introduced to better serve the needs of the common labor, which continues to be an important resource of American industry. Politicians have been tasked to protect this sector. And though considerable steps have since been undertaken through Congress, more has to be done along the lines of safety and workers’ compensation for injuries sustained on the job.

Nevertheless, workers can leverage existing laws in order to get properly compensated for workplace injuries from slips and accidental falls. In such cases, when you need to sue your employer for a potentially disabling injury you have suffered on the job, the burden of proof is always on your side. Building a solid case would mean properly establishing that there was negligence on your employer’s part. 

Under tort law, negligence constitutes carelessness which leads to injuries or risk of injury. When it’s proven that an employer fails to address any and all workplace risks that are almost always avoidable, the employer is said to have acted negligently. Simply showing little to no concern about the safety of their workers is enough reason to launch a personal injury claim against a company.

Of course, before anything else, you should be able to know whether there’s negligence. Otherwise, you’d risk your lawsuit to backfire on you.

The concept of care

In purely legal terms, care involves a certain level of foresight that employers need to possess to keep the workplace safe. Businesses are responsible for anything that happens on their turf, especially when it involves injuries that may have something to do with the way they manage or maintain their premises. Business owners have the duty of keeping their premises safe through such activities as structural inspections, which are crucial to identifying potentially harmful structural issues.

For instance, a broken ceiling that has been left un-repaired for some time can cause injury to an employee who just happens to sit right under it. The fact that the company already knows about this problem but didn’t take the necessary measures to resolve it is enough proof of carelessness, and thus gives you an opening for launching a lawsuit. From there, you can seek out firms like DUMBO Personal Law Firm to help you build your case based on these facts.

Breach of local rules and safety standards

It’s a given that businesses need to be just as safe for workers as customers. Federal and state laws guarantee hazard-free work environments, which is why it’s a big deal for business owners to follow local and national laws in order to operate legally. In order to enforce these laws, the Occupational Health and Safety Administration was established to provide recommendations and safety standards for businesses. 

If you’re able to prove that your employer has failed to apply OSHA standards, then there could be grounds for launching a personal injury against them, on top of their noncompliance of the agency’s rules. You may have to review OSHA’s building guidelines to make sure you’re making the most out of the lawsuit you’re launching.

Your employer has a duty to protect you, considering the fact that you open yourself up to possible risks while you’re on the job. Just in case things are going south at the workplace, bear in mind that you can actually win a personal injury case if you’re able to provide proof.

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