A large number of personal injury court cases stem from workplace injuries. In fact, becoming seriously injured at work is surprisingly common. According to former Secretary of Labor Hilda Solis in 2010, over 3 million Americans a year suffer from a serious workplace injury with lasting effects. On average, 12 people are killed at work every day.

Many workplace injuries are avoidable with proper precautions. Though regulatory bodies like OSHA, the Occupational Safety and Health Administration, look out for employees and require companies to educate and alert their employees to potential danger, the high rate of workplace injuries indicates that not enough is being done.

If you injure yourself at work, it’s recommended to contact a personal injury lawyer to guide you through a work injury lawsuit and make sure you receive the compensation you deserve.

Workers’ compensation is a saving grace for many employers. With such a program, one can make an insurance claim after sustaining a workplace injury without suing the employer. In most states throughout the country workers’ compensation insurance is seen as a necessity.

One thing many employees don’t know about workers’ compensation in their workplace is that—at the time of employment—one typically signs an agreement that states the employee will make claims through an employer’s workers’ compensation insurance plan as opposed to suing the employer directly.

That doesn’t mean that this is the case in all circumstances. An employer has several responsibilities that must be fulfilled for a workers’ compensation insurance carrier will even think about paying out claims.

This is why knowing your employer’s responsibilities is crucial to making sure you’re covered for an injury at work. Especially if it’s a situation of employer negligence you might need to pursue other avenues for compensation.

Read on to understand the responsibilities employers hold in terms of workers’ compensation. But, as these situations can become extremely complicated legally, make sure to give Moynahan Law at (203) 597-6364 if you need a qualified expert to review your claim.

Looking to hire a workers’ compensation lawyer? Learn more here.

The Duties of Employers in Workers’ Compensation Claims

In most states, employers are required to either purchase workers’ compensation insurance or act as their own companies when employing more than a specified number of people.

That means from the get-go, in many cases employers must purchase workers’ compensation coverage. Before settling on a place to work, be wary of whether or not they have or need workers’ compensation coverage.

Then there’s the claim process. The list below lists requirements set on the part of the employer in maintaining and using a workers’ compensation plan. If you ever find yourself working on a workers’ compensation claim, these are extremely important considerations. Take note!

A Declaration of Compliance of Workers’ Compensation laws – This is a simple notice, placed in a conspicuous—or out-in-the-open—space on a job site or premises. It is generally agreed that a conspicuous place is wherever most employees would be expected to witness the declaration, either at a clock-in station or otherwise.

Providing Immediate Medical Attention – Employers must be outfitted with supplies readily available to answer a medical emergency. In most cases this is a first-aid kit. But, in workplaces that deal with more hazardous processes or chemicals, the immediate medical response materials available must be fitting for those circumstances.

Furnish Proper Medical Attention When Needed – In the event of an accident, an employer should facilitate further medical attention at a hospital or other treatment center when needed. This includes calling an ambulance.

Reporting – The employer is responsible for reporting every single incident that leads to a loss of time at work to the closest or most convenient workers’ compensation office. A copy of the report should also be sent to the employer’s workers’ compensation insurance office. In the case of an accident, always check to make sure proper reporting was done.

Comply with Investigations – It is against the law for employers not to comply with workers’ compensation investigations. In these instances, insurance companies and workers’ compensation boards will investigate an issue, and an employer must work with due diligence to meet all the demands of the investigating bodies.

No Retaliation – While many employers purchase workers’ compensation for compliance or to control financial liability, there have been cases where an employee was discouraged, punished, or terminated for submitting a workers’ compensation claim. This is very much against the law, and an injured employee can sue an employer for retaliation.

The world of workers’ compensation is arduous and sometimes messy. You can have a lawyer review your claim to ensure the quickest and most efficient path forward to getting the money an time you deserve.

If you have been injured severely enough that you haven’t been able to go to work, then you’re probably in a pretty stressful situation. After all, your body is in pain, you may have lost some abilities, and now it’s difficult for you to put food on the table. Whether you are temporarily or permanently disabled, you need to take action in order to make the best of a bad situation.

Know Your Rights

Personal injury law is a broad subject, and it can be confusing to say the least. But you should know that you have a right not to return to work if you are disabled or injured on the job. Even if you were not injured on the job, the government could be required to pay you a monthly sum for your expenses as you are not physically able to provide for yourself. This could make the difference between injuring yourself further or resting at home knowing that a paycheck is coming in no matter what.

Don’t Say Anything — Yet

You may be tempted to report your injury to your disability insurance provider immediately to cash in on your payout. For example, physician disability insurance can pay up to $7500/month. But don’t say anything to your insurance provider, the government, or your employer just yet. In some cases, anything you do say might be twisted to support their case that you are not disabled or that your employer is not liable to pay you. Instead, wait until you hire a professional attorney to support your case.

Get Help

Getting a qualified lawyer who understands personal injury law is crucial to making sure you don’t get taken advantage of. They can coach you on what paperwork to file, help navigate you through the court system, and insulate you from insurers or employers who want to prevent you from getting the benefits and time off from work you deserve. So hire a lawyer if at all possible, as it can save you heartache and get you more benefits in the end.

Do Not Seek Other Work

If you are too disabled to continue your line of work, you might be tempted to look for some elsewhere. However, do not fall into this trap. If you begin to work in any capacity, it can be used as evidence that you are physically able to work for a living.

When it comes to personal injuries and the workplace, they cause a lot of problems. If you have been hurt in any way, personal injury law dictates that you have rights and options. Don’t let anyone else step on them. Let The Moynahan Law Firm get you the help you deserve so you can support yourself without adding further injury.

Avoiding Injury in Dangerous Jobs

Many people have careers in dangerous settings. Working in an environment like this can be stimulating and fast-paced. However, remembering to take the necessary safety precautions are essential to ensure employee’s well-being. The following tips are vital for individuals who work in high-risk surroundings. Having a long career, as well as a safe one, is important for many employees.

Dress for Success

If you work in a field that requires wearing specialized equipment, such as construction or auto body work, consider the following:

   Ensure that employees are well informed about the safety equipment needed to perform the task. For example, conduct necessary demonstrations to explain how to properly use items such as harnesses, gloves, goggles, and hard hats.

   Do not be careless in the use of protective gear. One improper use can lead to a serious accident. If you are the person in charge, set the example by always wearing the proper attire for the job.

Proper Training

Have high standards for training your employees. If you work in a setting that can be potentially dangerous, spend the extra time knowing your employees are competent.

Lifting and Moving

Manual labor jobs require a lot of physical labor. It is common for workers to sprain a muscle or injure themselves because they attempted to lift something they should not have. Spend time showing proper lifting form and insist that employees follow that expectation.

Operating Machinery and Other Tools

Even if you hire employees that have years of experience, always demonstrating the machinery first is a great idea. Never assume that any employee knows the full requirements to perform the job safely. For instance, make sure all workers have prior training before operating items like forklifts, cranes, or lifts.

Safety Protocols

Ongoing staff training is a necessity. All employees should discern proper responses in the event of an emergency. Also, you should also report any potential hazards immediately to a supervisor.

Appropriate Workload

Physical trades can be mentally and physically exhausting. If your employees become overburdened with the expectations for the day, mistakes could occur. You may want to consider hiring additional help to ensure your expectations are not unreasonable for your staff. Set aside time during the day for obligatory breaks.

Keep a Clean, Organized Space

If you work in a dangerous setting, potentially hazardous materials are all around you. Keeping your work zone free of debris and disorder is essential. Undertaking consistent inspection of the work zone is imperative to keep everyone safe.

What is Poka Yoke?

The Japanese phrase “poka-yoke” could prove to be essential in averting workplace injury. Poka Yoke, or mistake proofing, essentially prevent workplace injuries (Poka Yoke, 2018).

How Can Poka Yoke Be Used?

   If you are the decision maker in charge of purchasing equipment:

–    Check to make sure safety safeguards are available on everything you purchase.

   Have a clear mental image of your daily working atmosphere.

–    Think about possible scenarios that could cause an incident to occur. Think about what tasks employees will be doing at certain times. Place machines or other equipment in the precise locations to avoid injuries. It would not be a bad idea to visit another employer’s work site to see how it compares to yours.

Mastering poka-yoke in a high-risk job should undoubtedly reduce work-related injuries.

Staying safe in more dangerous jobs does require some extra effort and attention, but it is possible. Use these tips to keep your employees safe the entire day. Being diligent in worker safety will be beneficial to everyone.

Resources

Creative Safety Supply

Concentra

Arbill

Business.com