Premises Injury: Who Do I Sue for Compensation?

premises-injury-compensation

When you are injured on the job, the first question that undoubtedly comes to mind is, "Who do I sue?" You may wonder if your employer, coworkers, or even yourself are accountable for your injuries.

If you weren't injured by a third party but by a hazard at your workplace, you might wonder who can be held accountable for it.

What if the injury occurred due to negligence? If so, read on to understand who can be legally responsible for your workplace injury.

Employer Liability For Workplace Injuries

Suppose you were injured at work due to someone else's negligence or lack of proper safety procedures, and that person is an employee of your company. In that case, your employer may be held liable for your injury.

Liability may also exist if the business itself created the hazard. Employers are also responsible for any injuries that may occur off the job in a workplace environment.

This may include injuries sustained by visitors to the workplace, contractors working on your business's premises, or even employees injured while on the job.

Coworker Liability For Workplace Injuries

If you were injured in a fight with a coworker or another employee, the injured coworker or the company might be able to hold you legally responsible for your medical expenses, lost wages, and other losses due to the incident.

A coworker may be held liable for your injuries in a few different scenarios, depending on the nature of the incident.

  • If your injury resulted from negligence or a lack of safety procedures, the coworker who caused the injury may be held accountable for the damage.
  • If you were injured in a fight or other incident not involving a lack of proper safety methods, you may be held responsible for your coworker's losses.
  • If a coworker injures you by accident, you are not legally responsible for their losses. Injuries arising from accidents are not the same as liability arising from negligence.

Negligence In Workplace Injury Cases

To hold someone accountable for your injury, you must prove that they were negligent. A negligent act is a failure to use reasonable care, which causes damage to someone else.

Negligence in workplace injury cases occurs when someone fails to use proper care (duty of care), resulting in an injury to another person. There are many different examples of negligence.

Some common examples may include injuries sustained by visitors to the workplace, contractors working on your business's premises, or even employees injured while on the job. Negligence in workplace injury cases includes:

  • An injured employee is owed money for medical bills, lost wages, and other losses by their employer.

Third-party Liability For Workplace Injuries

Sometimes, you can hold a third party responsible for your injuries. This is often the case if you are injured due to a defective machine.

Third parties can include people, companies, or even the government. Third parties can be held liable if they caused your injury, even if it wasn't due to negligence.

  • If a third party caused your injury while they were on your employer's premises, your employer might be able to hold them responsible for your damage.
Conclusion

If you've been injured at work and are wondering who you can sue for it, the answer is: it depends on the circumstances. Suppose you were injured due to someone else's negligence.

In that circumstances, you may be entitled to sue one or more of the following individuals or entities:

  • Your employer (if the injury was due to a lack of proper safety procedures or faulty equipment) 
  • Your coworkers
  • A third party (if the damage was due to a defective machine)

But do keep in mind that you should always seek professional advice from a lawyer before filing a lawsuit in any of these cases.