What Do To If You're Injured by an Unsafe Working Environment Indiana’s workers’ compensation laws protect workers who are hurt on the job by providing benefits such as medical care and financial assistance if the employee cannot return to work while he or she is recovering. However, the workers’ compensation system also shields employers from being sued by their workers. Workers’ comp is an exclusive remedy for almost every workplace injury. In other words, if you are hurt at work, your only recourse is to file a workers’ comp claim. However, there are limited circumstances where you may be able to sue a third party if you are hurt at work. If another party causes your injury, you may be able to sue that party. For example, if you are injured in a traffic accident while you are driving for …show more content…
In most cases, you must be able to prove that your employer intentionally tried to cause you harm. An unsafe working environment may or may not rise to the level of an “intentional act.” Your best option is to meet with a workers’ comp lawyer. Our attorneys offer free consultations for workers who have been injured on the job. Are Violations of OSHA Rules An Intentional Act? This is a complex legal question. The answer will depend on the specific facts of the case. You may think that the law would make an exception if the employer knowingly allowed employees to work in an unsafe environment and refused to do anything to correct the problem. Unfortunately, workers’ comp laws are not clear on how an unsafe working environment impacts a workers’ comp claim. For example, if your employer violates OSHA regulations, your employer may face fines and other penalties. However, if you are injured due to the OSHA violation, you may be restricted to filing a workers’ comp claim. The problem with this exclusive remedy for workplace injuries lies in the difference in damages available in a workers’ comp claim versus a personal injury
If you are injured while on the clock but due to the negligence of a third-party, a professional and experienced law team can help you receive the maximum legal compensation for your pain and suffering. The responsible party is held accountable for your experience while workers' comp covers the medical expenses and your lost wages.
“Everyone has the right to a safe workplace. The law requires employers to provide their employees with working conditions that are free of known dangers. Employers MUST provide their employees with a workplace that does not have serious hazards and follow all relevant OSHA safety and health standards. You cannot be transferred, denied a raise, have your hours reduced, be fired, or punished in any other way because you used any right given to you under the OSHA Act.”
The Occupational Health and Safety Act (OHSA) is a minimum standard, outlining the rights and responsibilities of the workplace parties. The OHSA in conjunction with the Industrial Establishments Regulations provide requirements for reporting workplace accidents that result in fatalities and critical injuries, occupational illnesses, and disabling injuries (Workplace Safety and Prevention Services, 2011). The OHSA covers workers in most workplaces in Ontario. There are however some exceptions with regards to private residences, specific farming operations, teachers and self-employed persons. These exceptions are covered under subsections 3(1), 3(2), 3(3)(a), 3(3)(b) and 4 of the OHSA (Is my job covered? (n.d.)).
A tool supplied by your employer was not properly maintained, and this led to your injury. Keep in mind that just because a business carries workers' compensation insurance does not absolve them of all responsibility to maintain a safe place for their employees. In addition to unsafe equipment, there may
The Occupational Health and Safety Act (OHSA) is a minimum standard, outlining the rights and responsibilities of the workplace parties. The OHSA in conjunction with the Industrial Establishments Regulations provide requirements for reporting workplace accidents that result in fatalities and critical injuries, occupational illnesses, and disabling injuries (Workplace Safety and Prevention Services, 2011). The OHSA covers workers in most workplaces in Ontario. There are however some exceptions with respect to private residences, certain farming operations, teachers and self-employed persons. This exceptions are covered under subsections 3(1), 3(2), 3(3)(a), 3(3)(b) and 4 of the OHSA (Is my job covered? (n.d.)).
If you can't resume a normal working routine and schedule, you may want to consult with an attorney, especially if you're not certain how your employer will handle the workers comp proceedings. Because you still need the money you would have been earning every day, had you not been hurt, be prepared to fight for it. If things go well and you don't get any resistance from your boss, that's great; however, circumstances can change quickly and you don't want to leave yourself in a vulnerable position.
According to the Bureau of Labor, statistics indicate that more than 4.1 million people were hurt or injured on-the-job in 2006 and 5,488 were killed in 2007 (Gomez-Mejia, Balkin, & Cardy, 2010, p. 511). Laws and regulatory requirements are currently in place to standardize and promote workplace safety. Organizations with extensive safety programs have reduced number of accidents, decreased workers’ compensation claims and lawsuits and lesser accident-related expenditures (Gomez-Mejia, et al, 2010, p. 511). This paper discusses the effects of legal, safety and regulatory requirements in
If there is a chance that you will not be able to go back to work at all, then you really need to consult with an attorney. You may need to go after a settlement instead of worker's compensation. An attorney will be able to help you navigate the extra challenges and paperwork that a severe injury that requires you to miss a substantial amount of work brings.
While employees that have been injured on the job do not have the right to sue their co-workers or employers under Workers’ Compensation Law, third parties can still be held liable for negligence. If your work injury was the result of another party’s actions, or if you were hurt at an offsite job location, you may have the right to seek supplemental benefits through a third party claim.
Employers can also appeal an abatement ruling by the inspector. If the OSHA area office requires your business to correct a safety hazard, and for various reasons you are unable to do so in good faith, it may be possible to reach an agreement with OSHA with terms that are more satisfactory to your
. Slip and fall accidents, by far the most typical claims, on account of trailing wires and wet floors as examples.
In 1970 OSHA was designed to set in place guidelines to organize and regulate practices to reduce the injuries and accidents in the work place. These guidelines are there to both protect the worker and the employer. If the health care worker follows these important guidelines and is injured, the employer is responsible. However, if the injury or accident is a result to the worker’s negligence or disrespect to the procedure and guidelines, then the worker is at fault.
If you have been injured while at work, you may qualify for benefits that help you pay your medical bills and compensate you for the time that you cannot work due to the injury. The first step after getting hurt at work is to hire a workers comp lawyer, who can guide you through the process to make sure you get the compensation that you deserve. Of course, getting the best results often hinges on you choosing a good attorney, so consider the steps to take for this to happen.
The workplace injury leaves you in both physical and emotional turmoil. With lost wages, the financial aspect of your personal injuries increases the burden. As you continue to seek medical treatment, you may be considering taking the option to settle your worker’s compensation case. The amount of workplace and personal injury settlements varies with circumstances surrounding the accident.
Tort Law has been a Civil Law practiced and used since the beginning of Law, after mankind first discovered what was right and what was wrong. It is a private or civil wrong for which damages may be removed and involves; falls at work, work vehicles, and nuisances. It’s a civil law that can be recognized for a law suit. It has a wide range of provisions and can range from negligence, purposeful, and ethics. Among the types of damages the injured party may recover are: loss of earnings capacity, pain and suffering, and reasonable medical expenses. They include both present and future expected losses (University). For example, a piece of machinery that is neglected, not maintained, can break down while a worker is using it and