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How Can I Prove Employer Negligence?

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Prove Employer Negligence

In this country, employers are generally required to ensure a safe work environment for all employees. When they overlook adequate safety protocols and training, workers suffer. Experiencing workplace discrimination or sexual harassment can have a serious impact on a person’s ability to earn income and enjoy a good quality of life. For that reason, it is important to hold negligent employers accountable for these lapses to compensate workers who have been hurt and prevent employees from suffering in the future.

You might have an idea of what it means to be negligent but proving that your employer was negligent in a court of law is complicated. Under the law, a negligence claim must prove four separate elements:

  • Duty: The defendant had a duty to the plaintiff to exercise a reasonable amount of care to provide a safe workplace free of anticipated or known hazards.
  • Breach: Somehow the defendant breached that duty, exposing the plaintiff to workplace hazards.
  • Damage: The plaintiff suffered harm when the defendant breached that duty to provide a safe work environment.
  • Causation: The defendant’s breach of duty directly led to the plaintiff’s suffering.

To establish these four elements and prove your claim, your employment lawyer will carefully review every detail surrounding your claim to determine if your employer was negligent in any way.

Damages for Employer Negligence

If your employment lawyer determines your employer was negligent in some way that led to your suffering, you may be entitled to a monetary award for the losses you sustained. Compensatory damages cover obvious, concrete evidence, such as wages for the time you are unable to work.

Punitive damages are designed to punish the employer for a reckless or negligent act and deter them from doing it again in the future. Punitive damages are a bit more challenging to obtain, but not impossible, especially if your employer ignored obvious measures to protect you and your coworkers. General damages cover more abstract losses, such as emotional and physical pain and suffering and future earnings. Your potential damages depend on the unique circumstances surrounding your claim.

Cherry Hill Employment Lawyers at Sidney L. Gold & Associates, P.C. Hold Negligent Employers Accountable

If you suffered discrimination or sexual harassment at work due to the negligence of your employer failing to enforce stringent policies or listen to your claims, our Cherry Hill employment lawyers at Sidney L. Gold & Associates, P.C. can help. We are ready to take on the corporate employer that overlooked your safety. To discuss your legal options and pursue the compensation you deserve, call 215-569-1999 or contact us online for a free consultation. Located in Pennsauken, New Jersey, we represent clients throughout South Jersey, including Cherry Hill, Haddonfield, Marlton, Moorestown, and Mount Laurel.

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