I recently sustained a ruptured ligament at work – however my employer says he is not liable as I was wearing safety gear, is this correct?
If you have suffered a ruptured ligament at work, you may be entitled to receive compensation for your injuries – however liability is not always easy to determine. You are entitled to a duty of care from your employer, and you should not expect to sustain a ruptured ligament injury while at work. In the situation that your employer had failed to perform his or her duty of care, you may be eligible to make a claim for a ruptured ligament. However this duty of care is not absolute, and in order to help determine liability for your accident you are advised to consult a personal injury lawyer at the earliest opportunity to determine whether you can claim ruptured ligament compensation.
You may be entitled to claim compensation for a ruptured ligament at work if the actions – or inaction – of your employer resulted in your injury. This may be the situation if – for example – your employer had failed to provide you with safety gear, or at least safety gear which was suitable for the task at hand, and this resulted in you sustaining a ruptured ligament injury. Making a claim for a ruptured ligament is possible in this scenario if the safety gear provided by your employer was of a poor quality and was not replaced. It is also possible that if you were not provided with the necessary safety training required to perform the task in question, you may be entitled to claim ruptured ligament compensation as you should not have been assigned the task.
However claiming for a ruptured ligament at work can be difficult if you are considered to be partially liable for your accident and injuries. This may be the situation if – for instance – you were adequately trained in performing your duties, but you failed to apply this training appropriately and this resulted in your ruptured ligament injury. It is also possible that if you had noticed that the safety gear was damaged or not up to the required standard, your claim for a ruptured ligament could be affected if you failed to report this fault to your manager. Being held partially liable for your own accident may not disqualify you from making a claim – however the ruptured ligament compensation to which you may be entitled can be reduced to reflect your own negligence.
It appears as though your employer may challenge their liability in your ruptured ligament injury claim, and for this reason you are advised to consult a personal injury lawyer at the earliest opportunity. It is possible that your employer is unaware of their responsibilities or is simply trying to discourage you from making a claim for a ruptured ligament. However it is also possible that they are correct and you may not be entitled to claim ruptured ligament compensation. Either way, a personal injury lawyer can advise you on which party is liable for your injuries, determine whether your ruptured ligament at work claim is worth pursuing further and offer professional representation on your behalf.