According to the Southeast Texas Record, a man in League City, Texas is suing a Kroger grocery store alleging that the store’s negligence caused his injury. The man was working at the store in March of 2015 when he was injured in an accident involving a forklift. The man was allegedly standing behind a forklift, which was being operated by another store employee when the forklift somehow pinned his hand and drilled through it. Forklifts, and other loading dock machinery, can be very dangerous and lead to many serious injuries every year. If you have been injured by a forklift, you have important legal rights. Contact an experienced San Antonio forklift injury lawyer to discuss your legal options.
Failure to Protect an Employee from an Unreasonably Dangerous Condition
The League City Kroeger lawsuit alleges that the store was negligent because it failed to protect an employee from an unreasonably dangerous condition and failed to exercise ordinary care to protect the employees. Your employer has a legal duty to take reasonable precautions to protect you from harm at work. An employer’s failure to live up to this duty is negligence. Negligence is the foundation of personal injury law and it applies to work injuries the same as it does to other types of personal injuries. There are four elements:
- Duty
- Breach
- Causation
- Damages
In a work injury case, the employer’s duty is very clear, it is establishing the ‘breach’ is typically the most difficult step. In this forklift injury case, the plaintiff would have to prove that the operation of the forklift, represented an unreasonable risk to the employee. Proving an issue like that is very fact-specific, and an experienced work injury attorney should comprehensively review your case as soon as possible.
What About Workers’ Compensation?
In Texas, employers are not required to carry workers’ compensation insurance. If your employer does carry the insurance, workers’ compensation becomes the sole remedy to recover damages for your injuries. If your employer does not carry workers’ compensation insurance then you will be required to pursue compensation in the same manner as you would with any other personal injury. This often means filing a personal injury claim against the employer and their insurance company. Either way, it’s extremely important to know your legal rights and how to protect them. You should find out whether or not you are covered by workers’ compensation, and if you ever sustain an injury on the job, you should immediately speak to a qualified Texas workers’ compensation lawyer.
Contact An Experienced San Antonio Workplace Injury Attorney
If you have been injured on a forklift, a loading dock, or working in a warehouse, you could be entitled to substantial compensation. Workplace injury claims can be very complex and you should seek the assistance of an experienced Texas work injury attorney. At the Law Offices of Ronald A. Ramos, we have decades of direct experience handling forklift and loading dock injury cases. The clock is always ticking when it comes to a work injury, do not hesitate to contact our office today by phone or through the internet to learn more about your legal options.
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