Finding a job is difficult enough, so when a Louisiana resident finds a job, they usually work hard to keep it. In the process, they may overlook duties that an employer is supposed to fulfill, and the negligence in so doing might lead to workplace accidents.
Workplace accidents can happen for many reasons and at any time. And, when the accident is the result of an employer’s negligence, it is then an employer’s duty to protect their employee from further harm. So, what is an employer’s duty?
Per the Occupational Safety and Health Administration (OSHA) Act of 1970, employers are obligated to provide a safe and healthy working environment. Not only can failure to do this result in fines and citations from OSHA, but also in workplace injuries and illnesses.
This means employers must eliminate hazards that could cause injuries or fatalities in the workplace. Employers are also responsible for an accident that takes place during company time, but away from the workplace, such as travel time away from work or during lunch.
Legal liability can be complicated. In most instances, even if the employee contributes to their accident, the employer is generally still responsible, unless the worker is inebriated. However, even in this situation, if there was a workplace hazard that contributed to the accident, such as exposed wiring, an employer may still be liable for workers’ compensation. And, an employer is supposed to ensure they receive medical treatment.
Most employers are required by law to purchase workers’ compensation for their employees. Regardless of who is at fault in an accident, an injured employee can generally receive workers’ compensation benefits.