Work Related Injuries: Who is at Fault?
Some states, such as Colorado, have a no fault system in place. This means that you are entitled to compensation if you are injured on the job, regardless of who was actually at fault. This may seem unfair to employers, but it is due to the fact that at times it is difficult and burdensome to figure out who is actually at fault. Meanwhile, the worker suffers unjustly.
Worker compensation laws exist to provide an immediate remedy to compensate workers injured on the job. Though, disputes often arise over treatment, medical care providers, and the ability of the injured to return to work. This leaves them without the financial means to support themselves and their family.
Conditions in which the employer is responsible for injuries sustained are varied. But many instances fall under a few categories. Any injury sustained that occurred while working on a job site. Pre-existing injuries that have been aggravated by the work performed on a job site. Which even covers injuries that occur during breaks, lunches, dinners, company sponsored activities or while in an employers break room, office, or restroom.
An unsafe work environment can exist and be very hard to recognize at times. Such is the case where diseases and exposure to hazardous materials are present. A worker can become sick after a great deal of time has passed from the moment of exposure. Signs of sickness can arise weeks, months, even years after exposure. This also makes it difficult to say for certain that the sickness was a work related injury.
Workplace injuries can also be caused due to mental strain brought on by increased work duties, long hours, and stress caused by work. This may be difficult to define as unsafe work conditions, but the human mind can only take so much strain. It is important to understand that undue stress in the workplace does not have to be tolerated and can be remedied as well. It is worth noting that if you feel overly stressed due to work, you should mention it to your superiors and see what can be done to lessen said stress. It is their duty to keep employees happy, healthy, and working. At times it may seem all they worry about is the working portion, but that is not always the case.
Due to the complexity of handling workers compensation claim disputes, navigating the rules proscribed by the Division of Workers Compensation, and the possibility of identifying and taking action against third parties, it is strongly recommended that contact is made to an experienced compensation attorney.
If you or a loved one is seeking workers compensation due to unsafe working practices on behalf of an employer, you should seek a workers compensation attorney. They will be able to help guide you through what options are available and the courses of action to be taken.