In 2020, 4,764 work-related fatalities were recorded in the U.S., as reported by the Bureau of Labor Statistics (BLS).

In addition, private industry employers reported 2.7 million non-fatal workplace injuries and illnesses.

A dangerous workplace: Are you a victim of negligence?

Many workplace accidents are caused by hazardous conditions on the property. If you’ve been injured in an accident on a property belonging to someone other than your employer, you may have a premises liability claim against the third party.

How do unsafe conditions on a property lead to workplace injuries in San Jose?

People doing their jobs can be injured by hazards existing on a property where they are working. For example:

  • Construction workers may be injured by structural collapse or environmental hazards on a construction site.
  • Office workers may be injured by malfunctioning elevators or slipping hazards in the common areas of the buildings where their employers lease office space. 
  • Delivery drivers may be injured by unsafe conditions, such as broken stair steps or wet floors on the properties where they are making their deliveries. 
  • Yard maintenance workers may be bitten by a homeowner’s dog.
  • Bookkeeping service employees visiting clients may be injured by dangerously stacked items falling from shelves. 
  • Appliance repair workers visiting homes may suffer trip and fall injuries caused by loose or bunched carpeting or rugs. 
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Can you collect workers’ compensation benefits and file a premises liability claim?

If you’re injured on the job, you are entitled to receive workers’ compensation benefits. Workers’ comp should pay for all your medical expenses related to the injury and partially reimburse you for wages lost because of the accident. If negligence of a third party (such as a property owner) contributed to your injuries, you may also be entitled to file a claim for damages against the responsible party. “Double dipping” is not permitted. If you recover compensation for expenses that workers’ comp paid from a third party in a premises liability claim, you must reimburse the workers’ comp.

How do you establish liability in a workplace injury premises liability claim?

In premises liability cases, to prove liability, you must show that:

  • You were harmed
  • The defendant owned the property or leased, occupied, or controlled it
  • The defendant was negligent in the use or maintenance of the property
  • The defendant’s negligence was a substantial factor in causing your harm
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What if the property where you were injured was owned by your employer?

The workers’ compensation system was implemented to help protect injured workers and to prevent employees from suing their employers for workplace injuries. Workers’ comp is a no-fault system. You may collect benefits, regardless of how much fault you bear for the accident in which you were injured. However, you are not allowed to bring a claim in civil court against your employer if a hazardous condition in the workplace environment that is owned or controlled by your employer caused your injuries. 

The Swanson Law Group: The law firm the insurance companies hope you don’t hire

Get treatment for your injuries right away, then consult with an experienced San Jose personal injury attorney. Our talented legal team at The Swanson Law Group can thoroughly investigate your workplace accident to determine fault and liability and help you pursue all available forms of compensation. Our mission is to help clients get better after an accident, face life ahead with a positive attitude, and make the most of the money we help them recover in a claim or lawsuit. We are caring, supportive, and service-oriented to our clients — and relentless, strategic, and fearsome to the insurance industry.

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