What Happens When an Employee Is Injured While Working at a Client's Property?

Service-oriented businesses frequently have employees working at properties belonging to clients. These may include homes, offices, and commercial properties. Unfortunately, employees working in these unfamiliar environments can suffer injuries in the course of their work. When that happens, questions often arise about who's legally liable for those injuries. For workers in such situations, understanding third-party liability and the benefits available to them is critical. Here's a guide to what happens when an employee suffers an injury while working at a client's property.

How Does Liability Work for Injuries on Client-Owned Property?

There are no absolute rules governing liability for injuries sustained by employees while working on client-owned property. In every case, liability depends on how the accident happened and who, if anyone, contributed to it.

Employers are always responsible for providing safe working conditions for their employees. Those responsibilities don't end at employers' property lines. So, when dispatching employees to client properties, employers must do their best to identify hazards and provide protective equipment. They must also provide the training employees need to spot and avoid hazards.

Clients, for their part, can have liability if unsafe property conditions contributed to an accident. For example, if a client knows about a safety issue at their property and doesn't disclose it, they may share responsibility for injuries resulting from the hazard.

Of course, employees must behave responsibly, too. If an employee's own reckless behavior leads to an accident, that alters the liability picture.

Workers' Compensation and Client Site Injuries

It's important for workers to know that they can usually receive workers' compensation benefits when injured at a client's property. In almost all situations, workers' compensation coverage follows workers wherever they go, as long as they're performing legitimate work tasks assigned by their employer.

Depending on the state, workers' compensation can provide multiple benefits to an injured worker. It may cover medical expenses, disability-related costs, and some lost wages. However, it applies only when employees meet state eligibility requirements and follow applicable injury reporting guidelines. That makes it vital for injured employees to take even minor workplace injuries seriously.

Common Client Site Accidents

Working at a client's property can increase the risk of specific kinds of accidents for employees. Unfamiliarity with a client site can make accidents far more likely than they would be in a familiar workplace. Plus, a client's failure to adequately maintain and repair their property may also increase risk. Some common client site injuries employees may suffer include:

• Slips and falls: Uneven surfaces, loose carpeting, wet floors, and ice can all cause slip and fall injuries.
• Animal attacks: Employees working in residences can suffer injuries from aggressive or unsecured pets.
• Falling object injuries: Tools, building materials, and poorly secured equipment may fall on employees, causing injuries.
• Electrical accidents: Faulty outlets, exposed wiring, and poorly maintained electrical systems can cause shocks and burns.
• Equipment accidents: Defective machines and faulty tools can lead to serious injuries.

When Is an Employer Liable for an Employee's Accident at a Client's Property?

Since employers have an obligation to take reasonable steps to protect workers from danger, they can be liable for accidents, even when they occur outside of the business's property. Employer liability typically applies when an employee can demonstrate that the employer's negligent behavior contributed to the accident. For example, providing faulty tools and equipment can create liability for accidents. However, an employee must prove negligence to recover compensation from their employer. Crucially, their workers' compensation claim doesn't depend on that.

When Is a Client or Property Owner Liable for an Employee's Accident?

If a client or property owner's negligence contributed to an employee's injury, that party may be held liable. Property owners must maintain reasonably safe conditions and promptly address known hazards. So, for example, a property owner who knows about a broken staircase and fails to address it can be liable if someone working at their property falls as a result. Importantly, any claims against a property owner would be separate from an employee's workers' compensation claim. When applicable, a third-party personal injury claim can help injured workers recover compensation for expenses and other damages beyond their workers' compensation benefits.

Steps to Follow After Getting Injured at a Client's Property

After suffering an injury while working at a client site, employees should take specific steps to protect their health and legal rights. The steps include:

• Seek medical care: The first thing to do is to visit a doctor or hospital for an injury evaluation and treatment.
• Notify your employer about the accident: Next, employees should report their injury to their employer and follow their company's injury reporting procedures.
• Document the location of the accident: Employees should take photographs of where the accident occurred, including any hazardous conditions that contributed to it.
• Collect witness statements: If anyone witnessed the accident, collect their contact information and their statements about what they saw, if they're willing to provide one.
• Keep detailed records: Injured workers must keep copies of all communications about their accident, as well as any relevant evidence or documentation.

Prompt action is essential because workers' compensation laws often have strict reporting and claim filing deadlines. Failing to adhere to them can prevent an injured worker from receiving the compensation they deserve.

When to Call a Work Injury Lawyer

Workers who've suffered injuries at a client's property often have complex questions about who to hold responsible. That's when you should call a work injury lawyer. Consulting an experienced lawyer such as those at Thomas Law Offices can be especially helpful if your employer or an insurer delays benefits or disputes your claim. A qualified lawyer can help injured workers navigate that process and determine whether they have a viable claim against their employer or the owner of the property where the injury happened. If the injury is serious enough to have long-term consequences, securing adequate compensation is vital.

The Bottom Line

At the end of the day, workplace injuries can have lasting consequences, no matter where they happen. That means all workers should know their rights and exactly what to do if they get injured, even if it happens at a client site. They should never hesitate to call a lawyer to help safeguard their rights.

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