What is the Employer's Duty of Care?
All individuals in our society have a legal duty to not cause harm to others, including employers, who have a duty of care to take reasonable steps to ensure the safety of their employees. Both the employer and employee are supposed to know and understand every aspect of their workplace rights to help facilitate a worker-friendly environment that contributes to the health and safety of everyone.
To secure the safety of their employees, these are some of the reasonable steps an employer should take:
- Provide safe instruments and materials.
- Provide any necessary safety equipment.
- Provide adequate supervision for crew.
- Ensure that employees are properly trained to safely perform their jobs.
- Enforce safety policies.
- Hire qualified employees.
- Proactively seeking and eliminating any sources of harm.
This certainly does not cover everything an employer should do to keep employees safe. However, while employers should act reasonably and prudently, it does not mean they must protect workers from all sources of potential harm. If a properly trained employee does not wear the provided safety equipment required to perform a job that involves obvious hazards and is, consequently, injured while performing it, the employer might not be liable for any injuries. An employer does not have to protect an employee from himself.
Years of Experience and Insight
If you are injured on the job and your employer has workers’ compensation insurance, you are eligible for a workers’ compensation claim.The Houston personal injury attorneys at Haines Law, P.C. fully investigate workplace injury claims to determine the best possible course of legal action for our clients. Our firm has successfully represented workers with injuries ranging from minor knee injuries to severe back injuries and amputations. Let our seasoned work injury attorneys fight for you.
Call us for a free consultation at (281) 975-0031.