Holding Employers Accountable After Inadequate Training

 Posted on November 14, 2023 in Workers' Compensation

Operating equipment without proper training can lead to devastating workplace accidents. If you were injured using machinery you were never taught to handle safely, your employer may be liable for failing to train you adequately. A California lawyer can help you discover your legal options to demand accountability.

Proving Employer Negligence

California law explicitly requires employers to properly train workers performing hazardous tasks. Operating complex machinery like forklifts, saws, chemicals, or manufacturing equipment warrants thorough hands-on instruction to handle safely. If your employer rushed through training or lacked comprehensive protocols, it constitutes negligence under the law.

To build a strong legal case, document what minimal training was provided versus what safety experts recommend for that equipment. Keep any emails, manuals, or protocols showing their failure to properly train you on machine dangers, personal protective gear, standard operating procedures, and sufficient hands-on practice to prevent accidents. Testimony from seasoned employees also helps reveal what your employer should have taught you but neglected. Concrete evidence of negligence and cost-cutting is crucial.

Estimating the Full Extent of Your Damages

Also, carefully compile evidence of all accident-related costs you incurred. These damages may include medical bills, lost income from missed work, reduced earning capacity if disabilities result, vehicle or property repairs, pain and suffering, emotional distress, and loss of quality of life. Based on documented evidence, an attorney can thoroughly calculate and demand fair compensation for economic and non-economic damages.

Settlement Negotiations and Potential Litigation

Initially, your attorney will attempt to negotiate a sufficient settlement agreement with your employer’s insurance company. However, if they refuse to adequately compensate you for the full impacts of the preventable accident, your attorney can initiate litigation against them to actively recover your rightful damages. Your lawyer will handle this complex legal process from start to finish while you focus on healing and moving forward.

Justice and Accountability

Inadequate training negligently endangers employees like yourself. Do not allow companies to cut corners on safety instruction and escape responsibility when it leads to real harm. By forcing them to pay the price through a strong injury claim backed by compelling evidence and determined legal advocacy, you bring accountability where it belongs - on them. Do not surrender to unreasonably low settlement offers. You deserve safety protections, justice, and total compensation. With an experienced personal injury attorney, you can confidently level the playing field against even powerful, reckless employers. Protect yourself and others by making negligent companies financially answer for the devastating impacts of their willful lack of training.

Contact a Santa Clara County, CA Workers’ Compensation Lawyer

If you need help to hold an employer accountable, a Morgan Hill, CA workers’ compensation attorney can help. You deserve to know you have options in a scenario like this. Call Cramer + Martinez at 408-848-1113 for a free consultation.