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Negligence Claims in Hazardous Job Descriptions

factory accident claimBeing on the receiving end of another person’s negligence is something that is not just shocking; the experience can be termed as being positively traumatic. Needless to say, the situation turns out to be the worst when the accident takes place in one’s workplace. In such a situation, it is of the utmost importance that one files an accident at work claim for compensation against the guilty party. A job is something that is intrinsically related to the self esteem and self image of any individual, thanks to the fact that this is where he earns his bread from, and what gives him or her ability to stand on their own feet and be able to support a family. Naturally, being the victim of an accident at the workplace shakes a lot of the faith and may be a major psychological setback for the concerned person.

Despite everything, however, a lot of people hesitate to file a claim for compensation against their employer. The reason behind this can be pretty easily understood; most people are afraid that taking their employer to trial might get them under the scanner.

However, it is of the utmost importance to keep in mind that it is the ethical duty of the wronged employee to take his or her employer to task regarding the negligence. It is the first and foremost duty of the employer to ensure health and safety at work for the employees working under them. Therefore, it is within the rights of the worker to file a claim for compensation against the employee if the norm of ensuring safety has been violated even under the most hazardous circumstances.

While some job descriptions definitely include a lot of hazards to health and safety, like those in construction sites, laboratories, factories and industries and the battlefield, it is still the duty of the employer to ensure that the risks are minimised as much as possible without hampering the successful execution of the task at hand. An accident at work claim for compensation should be filed if you have been victimised by the employer’s negligence, irrespective of how hazardous the job is.

Accidents are pretty common in a career that includes a hazardous job description. It is necessary to recognise and differentiate between accidents that occur on account of the duties and those that take place because the authorities had failed to fulfil their responsibilities.

For instance, if a soldier is killed or injured in battle by an opponent, the right to compensation, other than the government grants, is not legible. However, if the soldier is killed or injured grievously due to a malfunctioning weapon or the incorrect instructions of an authority, military and army claims for compensation should be filed. Similarly, a worker in a laboratory injured by spilling a harmful chemical on himself is not eligible for compensation; however, it is within his rights to file a claim if the accident occurred due to malfunctioning equipment. Death or injury by crushing under falling debris or being hit by heavy machinery in a construction site is also classified as infliction of damage by negligent behaviour.

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