How to Recognize Corporate Negligence
Written by AskTheLawyers.com™
Corporate negligence occurs when a corporation causes harm to a customer or employee due to a breach of duty of care. A duty of care is a legal term used to describe the responsibility one party has to ensure reasonably safe conditions for another party or parties. Corporate neglect is a vast field and can apply to many different types of cases. It is particularly common in healthcare and finances, but often occurs in manufacturing and work environments as well. If you suspect that you or a loved one have suffered from corporate negligence, reach out to a personal injury attorney to discuss your case.
Warnings signs of corporate negligence may include the following:
- Consistent understaffing
- Hiring unqualified/untrained employees
- Signing off on training certificates that were not properly earned
- Signing off any document or certificate under false circumstances or in another’s name
- Failing to properly vet new employees
- Failing to provide a clean environment
- Failing to provide an environment free from obstacles
- Failing to replace expired products
- Failing to repair broken machinery or other elements of the workspace
- Failing to hold safety meetings
- Failing to enforce safety policies, including holding employees accountable for misconduct
- Shielding supervisors and management from repercussions for poor conduct
- Hostile communication culture where safety concerns and new ideas are not welcome
- Lax safety-awareness from supervisors and management
- Lack of adequate personal protective equipment
- Failing to address and correct safety concerns listed in employee and customer complaints
If you are experiencing any of the above red flags, it’s possible that corporate negligence may be occurring at your workplace. The trouble with corporate negligence is not only that it can create a stressful and dangerous environment for workers, it can also defraud consumers and result in serious injury or financial loss if not corrected. Corporate negligence can range from allowing a defective product or vehicle to go to market, to failing to check the credentials of an employee required to have a certain licensure, like a doctor or nurse.
If you have suffered due to corporate negligence, workers’ comp is not your only option.
Workers’ compensation or “workers’ comp” is an insurance program most employers offer to protect themselves from liability and to offer immediate financial aid to employees injured on the job. While workers’ comp can cover a certain percentage of lost wages and certain medical bills, in cases of serious injury or financial loss, it is often woefully inadequate. In most instances, an employee receiving workers’ comp benefits cannot file a lawsuit against the employer.
However, it is important to note that this rule does not apply in instances of negligence. If you suspect corporate negligence caused or contributed to your damages, physical, financial, or emotional, you may be eligible to file a personal injury claim against the negligent employer.
It is important to collect evidence, especially if you suspect negligence.
After any injury, it is important to collect evidence from the scene of negligence. This includes taking pictures of contributing factors as well as the injury itself. Obtaining the names and contact information of any witnesses to the potential negligence is also important. It is important to note that some evidence may be difficult for an employee to collect on their own, and to build a case against a negligent employer presents certain risks.
This is why it is important to contact a personal injury attorney as soon as possible; these attorneys can help you protect yourself from employer retaliation as well as help conduct a thorough investigation of the alleged negligence, collecting the evidence you might otherwise not have been able to safely access.