The Occupational Safety and Health Act is designed to keep workers safe when they’re on the job. Employers must meet safety standards and report injuries or fatalities on the job. Workers who suffer repetitive motion injuries may be covered by the act.
Are you covered by the Occupational Safety and Health Act?
Most private-sector employees are covered by the act regardless of the state they are in. They are covered either by the OSHA-approved state plan or the federal OSHA plan. Any state plan that is in effect must be at least as effective as the federal plan; if not, then your attorney may talk with you about your options for seeking help with a workplace injury.
If you are a state or local government worker, you are not covered by OSHA. However, you do have protections from the OSH Act if you live in a state with an approved state plan — there are 22 states that have such a plan. If you work for a federal agency, then you are covered by OSHA.
What should I do if I’m injured on the job?
The first thing to do is to call a supervisor for help, call 911, or go to get medical assistance. If a fatality takes place in the workplace, then that fatality needs to be reported to the OSHA within eight hours of the fatality. If you are injured, your injury has to be reported within 24 hours if you suffered an amputation, loss of an eye or had to be hospitalized as an inpatient.
Our website has more information about OSHA and what to do if you’ve suffered an injury.
Workplace illnesses are not uncommon, which is why it’s so important for employers to talk about the potential illnesses workers may be suffering from. One thing that is often overlooked is the prevalence of mental illness in the workplace. Stress, genetic factors and other issues lead to these illnesses.
Employees may not want to talk about mental illness with their bosses for fear of losing their jobs or having their relationships damaged. The problem is that if the illnesses aren’t talked about, then mental health illnesses can go untreated or undiagnosed. It’s a fact that around 85 percent of all employees with mental health illnesses are not treated or diagnosed, putting them at risk in the workplace.
Mental health conditions cost employers billions of dollars each year. It’s believed they cost over $100 billion per year and result in 217 million lost workdays. Employers can help by investing in mental health care for their employees, which will in turn result in better productivity and employee retention.
While many mental health issues are not caused by workplace incidents, some people, due to stress, traumatic incidents, and other issues, do end up struggling with mental health conditions. It’s important that they are able to receive the right care when it’s needed.
If you’ve developed a mental health condition in the workplace, workers’ compensation may cover your medical bills and other needs if you have to miss work. Mental illnesses can be as destructive to your life as any physical injury, so it’s important that you’re able to seek the medical care you need.
Source: The Huffington Post, “Why Employers Need To Talk About Mental Illness In The Workplace,” Joseph Rauch, Aug. 19, 2016
Man dies in workplace accident
Workplace accidents can happen on any job site, but can be particularly injurious or fatal when large mobile machinery is involved. A Charlotte man died tragically Sunday, August 7, after being run over by a piece of industrial equipment.
The 46-year-old man was moving tractor-trailers around a north Charlotte loading dock at Howell Motor Freight. He was using a piece of equipment known as a yard-hopper — the cab of a tractor-trailer used specifically for shuffling tractor-trailers. He apparently exited the vehicle momentarily for unknown reasons when the yard-hopper began to move and struck him. Emergency personnel declared him dead on the scene.
Authorities are continuing to investigate the workplace death to determine if there was any defect in the equipment that might have contributed to its crushing the worker. It is unknown whether or not the industrial equipment had been poorly maintained or if it became mobile due to operator error, possibly inattention or drowsiness.
Tragic workplace accidents like this one are impossible to eliminate entirely, but careful maintenance of dangerous equipment and attentive operation by workers tasked with using large machinery goes a long way toward bolstering safety in the workplace. Keeping the workplace safe requires the cooperation of both management and employees who are dedicated to the well-being of all.
After such an incident occurs, it can be difficult to focus on handling your affairs. The assistance of a qualified legal professional can help those who have suffered a workplace injury or lost a loved one to a workplace accident ensure that their claims are heard and that their losses are compensated fairly.
Source: The Charlotte Observer, “Man dies at north Charlotte business after being run over by ‘yard hopper’,” Mark Price, Aug. 08, 2016
What are the main causes of workplace accidents?
The seven most common causes of workplace accidents include being overconfident, taking shortcuts, failing to perform cleaning and housekeeping duties, neglecting safety procedures, being distracted, starting a task before fully understanding what is required, and being underprepared.
These can combine in a workplace to create a dangerous workzone where people get hurt constantly; it’s more likely that just one or two of those causes will be present, though. For instance, distractions can be common in workplaces where cellphones or other activities are allowed. Someone looking at a cellphone may not recognize that his shirt is caught in a machine or that he didn’t turn off the breaker for an electrical unit that’s being worked on.
Another person who is meant to sweep the floor might think it’s okay to leave the task until the next morning; that is, until a coworker slips and falls on dust, dirt, or grime that has built up. Neglecting housekeeping can quickly become dangerous.
Neglecting safety procedures is another serious issue. If you don’t wear your safety equipment, for example, and then fall and hit your head, that negligence likely lead to a more serious injury than would have taken place otherwise. If your employer doesn’t require guards on equipment, this is a dangerous hazard that workers need to be aware of. It’s against the law to expose workers to hazards like open machinery in most cases, because safety requirements determine which parts of the machines need to be guarded and how to use the machines safely.
In any case, when you’re injured at work, you can usually receive workers’ compensation to cover the costs of your injuries. The best way to avoid having to make a claim is to avoid getting hurt, though, so keep the above in mind.
Source: Safety Partners, LTD, “7 Most Common Causes of Workplace Accidents,” accessed Aug. 02, 2016
Getting hurt on the job is a serious concern for families and workers alike. If a worker is killed while on the job, it’s the family left with unanswered questions and claims to file for compensation. Fortunately, workers’ compensation generally takes care of families by providing death benefits. If your family needs help filing a claim or needs to seek a private claim against the employer if workers’ compensation isn’t available, your attorney can help.
This man’s family may be in a position like yours is today. He passed away after being involved in a big rig crash on Interstate 95. The man had been driving at around 6:15 p.m., when he lost control of his vehicle. Witnesses said the big rig had suddenly slowed before running off the road.
When the Freightliner ran off the road, it jackknifed into the woods bordering the highway. Then, the cabin and trailer burst into flames.
Witnesses at the scene reported that the 61-year-old driver did get out of the cab, but he was badly burned. One witness stopped to help; the man was still on fire, so the witness helped put out the flames. A tree appeared like it may fall, so the witness helped move the man to a safer location to avoid being struck. With help from other drivers, they pulled the man to safety.
Unfortunately, despite being flown to UNC’s Burn Center, the driver passed away from his injuries. His family did make a release to the press in which they stated that the man left behind a wife, two children and a grandson. He had been in the U.S. Army before taking a job as a truck driver.
Source: 11 Eyewitness News, “Truck Driver Who Died After 1-95 Big rig Accident Was Veteran,” Heather Waliga, July 21, 2016
Stressed at work? You might have a case
If you’re struggling with a mental illness, you know that you need as much help as someone with a physical ailment. Mental illnesses can cause real symptoms, like headaches, stomachaches, aches and pains and others.
If you’ve ever been stressed at work, you might be able to get your mental health evaluations and treatment covered by workers’ compensation. There is a trick to this, though, because as anyone knows, all workplaces are somewhat stressful. The point that you have to prove is that your stress resulted in a permanent impairment, that you were stressed primarily because of work, and that the stress was above a normal level for the position in which you worked.
This claim isn’t a typical claim, and it can be difficult to put an exact length of time on recovery. That’s why you have to prove your injury at a much higher level. Work-related stress claims can be vague, but with the right information from a medical provider and others, you can prove your case.
Here’s an example of work-related stress you may be able to be compensated for. Consider this scenario:
You were at work when an emergency took place. You witnessed a worker fall and suffer a serious injury. That worker died later. The trauma of the incident caused immense stress, and you now suffer from post-traumatic stress disorder. This is a real condition with physical manifestations of anxiety that can make it impossible to work.
Our website has more information on stress in the workplace and what to do if you feel you’ve suffered a mental health-related illness.
Electrical injuries: You can be compensated
Electrical injuries hurt and scar the body in many ways that may not be apparent initially. When the electrical current passes through the body, it can cause skin burns, damage to the internal organs and cardiac arrhythmias. Much of the human body requires electric pulses to function normally, so electrical injuries can disrupt those functions and result in an emergency situation.
There are around 30,000 or more nonfatal shock injuries each year in the United States. Burn units take in around 5 percent of their admissions as electrical burn patients.
The treatment for these injuries starts with shutting off the current. The sooner this happens, the better. It may be necessary to resuscitate the patient, because the electrical current has the potential to stop or alter the heart’s rhythm. The heart may need to be monitored for six to 12 hours post injury to make sure it is working correctly again.
Wound care is another factor in recovery. While the external wounds may not be severe, internal burns and issues can arise from the electrical current. Analgesia should also be treated as soon as possible.
With so much to think about, compensation for your injuries should be the last thing you have to worry about. Your workers’ compensation should kick in to help you get the care you need and the compensation necessary when you’re off work. Our website has more information on workers’ compensation and workplace accidents, so you have somewhere to turn for the facts. With the right support, you can be compensated and focus on recovery.
What can you do about unsafe working conditions?
If you go to work and discover that the floors are slick with water, the roofing on the facility is falling or collapsing, or other hazards are present, you’d expect your employer to take action. If he or she doesn’t and ignores the problems, then you could be at risk of an injury. If you are injured because of these known hazards, then you’re in a position to file a claim for workers’ compensation and potentially to claim against your employer directly.
Unsafe working conditions put you at risk when you shouldn’t be. Under federal and state law, your employer has to provide you with a safe workplace. If your employer isn’t doing that, you have every right to report him or her to the Occupational Safety and Health Administration, which can then look into the work environment and make sure your employer is compliant.
If there is an immediate risk in your workplace, talk to your employer immediately. If it’s something that can be fixed, he or she should fix the condition as soon as possible. You can report your employer if he or she won’t fix the condition, because the agency is designed to enforce federal and state laws.
There are cases when you can stop working and refuse to complete your job. If you are in an environment where the danger is immediate, you can refuse to work. If there is an alternative, you should work that job, but if not, you can decide not to work and refuse further work until the employer eliminates the danger or investigates and finds that no danger is present.
Source: FindLaw, “Protecting Yourself from Unsafe Working Conditions,” accessed July 07, 2016
Is wearable technology likely to help in workplaces?
If you could wear a single device and reduce your risk of injuries on the job, would you do it? That could be a question employers have for employees in the future, as new technology comes to light.
Could a wearable device reduce the number of accidents in the workplace? The use of these devices to reduce injuries to staff members is an idea that is gaining traction. With 6,300 people dying around the world every day from occupational accidents or workplace diseases, it’s no surprise that any technology that can help is embraced.
What kinds of wearable technology would help, though? Things like helmets with sensors that can alert employees to changing weather conditions, for example, could keep them safe when wind, rain, snow or other weather conditions could put them at risk. Visors and watches could do the same. Others could identify high-voltage areas or provide feedback on the employee’s heart rate or blood pressure.
It’s true that most gadgets today are aimed at the fitness market. However, that doesn’t mean that those devices couldn’t be helpful to workers in a variety of fields. One device that has been rolled out in Australia, for example, looks like a baseball hat. That hat measures the brain activity of the person wearing it, allowing the workplace to monitor how tired workers are. For the company using the SmartCap, they can see how tired their truck drivers are and potentially prevent accidents from taking place.
These pieces of technology may help in the future, but if you’re hurt today, you deserve to be compensated. Your attorney can help you navigate the workers’ compensation process, so you can get the money you need.
Source: Financial Times, “Wearable devices aim to reduce workplace accidents,” Jessica Twentyman, accessed June 30, 2016
Losing a loved one is difficult no matter when it happens, but if it’s a result of an injury that takes place at work, then you could be in a situation where you need to file a workers’ compensation claim for death benefits. Is that all you can do, though? Or, will you need to file a wrongful death claim instead?
In most situations, employees are unable to sue their employers for injuries that take place at work. This is because they are covered by workers’ compensation. If the injury happens due to no misconduct or negligence and is a result of an accident or personal error, then workers’ compensation is usually how you’ll reach out for compensation.
If the death of a worker is a result of misconduct or negligence, then the worker’s family may be able to file a wrongful death claim, though. To be successful in filing a wrongful death lawsuit, your family will need to show that a person was killed because of another person’s negligence and that you’ve suffered monetary injuries as a result.
In most cases, you’ll be able to show this easily, as you can show you have lost the wages from your loved one’s job as well as showing results from investigations into the death itself. The Occupational Safety and Health Administration will investigate workplace injuries leading to death, so you can use the results of the investigation for your case. If those results clearly show that negligence or misconduct played a role in the death of your loved one, you’ll be more likely to succeed in court.
Source: FindLaw, “Death at Work: Workers’ Comp or Wrongful Death Claim?,” accessed June 24, 2016
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