There is a difference between Workers’ Compensation and Negligence.
Navigating the Labyrinth: Workplace Negligent Injury Cases in Kentucky Understanding Workplace Accidents and Injuries
At Dettman Law we specialize in helping you recover from loses due to injuries you sustained on the job from negligence at your workplace or during your work day. Employer negligence can be actions and omissions by employers, contractors, landlords or other third parties that lead to property damage, loss, theft, illness, injury, or wrongful death. Workplace accidents and the resulting injuries are a significant concern for employees across various industries. In Kentucky, these cases often involve injuries that occur due to unsafe working conditions, negligence, or inadequate training. In some cases, these accidents may lead to severe, life-changing injuries or even fatalities.
Common Types of Workplace Accident Injury Cases Due to Negligence in the Workplace
- Slip and Fall Accidents: Common in every industry, these accidents can occur due to wet floors, uneven surfaces, or obstructions.
- Machinery Accidents: Especially prevalent in manufacturing and construction industries, workers can be injured by malfunctioning or improperly maintained equipment.
- Falling Objects: In workplaces with goods or materials stored at height, workers may be injured by falling items.
- Repetitive Strain Injuries: Prolonged repetitive movements can lead to injuries over time.
- Exposure to Harmful Substances: Workers in certain industries may be exposed to toxic or hazardous materials, leading to injury or illness.
- Negligent Hiring Claims:
- Employer hires someone with a dangerous/untrustworthy character.
- Employer should have known about the employee’s background.
- Claims arise when employers don’t conduct thorough background checks.
- Example: Employee assaulted by a coworker with a known history of abuse.
- Employers in high-risk industries (e.g., construction) must ensure workers have proper licensure and safety equipment.
- Negligent Retention:
- Employer retains an unsuitable employee.
- Claims arise when employers are aware of issues but don’t act.
- Employers have a duty to protect other employees and the public.
- Factors determining employer knowledge: employee’s work record, complaints received, relation of actions to job, and witness accounts.
- Example: Employer ignores harassment complaints, leading to an assault.
- Negligent Supervision:
- Claims based on employer’s failure to monitor/control employee actions.
- Claims common in jobs requiring manual labor or machinery operation.
- Example: Supervisor neglects safety monitoring, leading to an accident.
- Negligent Training:
- A variant of negligent supervision.
- Claims arise when employers don’t provide adequate training.
- Example: Employer fails to train a security guard properly, leading to security breaches.
Kentucky Law and Workplace Accidents
Kentucky law mandates employers to provide a safe work environment. If an employee is injured on the job, they are typically entitled to workers’ compensation benefits, regardless of who was at fault for the accident. These benefits can cover medical bills, a portion of lost wages, and disability benefits if the injury leads to permanent impairment.
However, in cases where a third party’s negligence contributed to the accident, the injured worker might have the option to file a personal injury claim against that party.
Resources for More Information
- U.S. Bureau of Labor Statistics: For statistics on workplace injuries. Link
In the aftermath of a workplace accident, consulting a knowledgeable personal injury attorney can be crucial. They can provide guidance on how to pursue compensation and ensure that your rights are protected.
Note: This article is intended for informational purposes only and does not constitute legal advice.