Work Related Accident Information

An overview of Work Related Accidents, including information on determining liability, an overview of workers compensation in relation to Work Related Accidents, Illnesses, and Injuries, a guide to prevention of Work Related Accidents, information on the Occupational Health and Safety Administration (OSHA), and the statute of limitations.

Understanding Work Related Illness and Injury · Preventing Work Related Accidents · Occupational Health and Safety Administration-OSHA · Workers Compensation · Determining Liability · Statute of Limitations

Understanding Work Related Illness and Injury

Although there is no absolute dividing line between the types of medical conditions that are considered work related illnesses and those that are considered work related injuries, there are several general characteristics that can be applied to each category.

A work related illness is an abnormal condition or disorder that is caused by exposure to factors associated with employment. It includes acute and chronic illnesses or ailments that may be caused by inhalation, absorption, ingestion, or direct contact as a result of an occupational activity. In general, occupational diseases are related to exposures to physical or chemical hazards. They usually develop over an extended period of time and may resemble or duplicate diseases occurring in other settings, such as cancer.

A work related injury is any injury (such as a cut, fracture, sprain, burn, soft tissue injury, or amputation) that results from a work related event or a trauma in the work environment. Occupational injuries are usually the immediate result of mechanical factors (such as lifting or bending), or failures in safety measures (such as accidents or fires).

Under the Occupational Safety and Health Act (OSHA), employers are required to maintain records of nonfatal work-related injuries and illnesses that involve one or more of the following: loss of consciousness, restriction of work or motion, transfer to another job, or medical treatment other than first aid.

Preventing Work Related Accidents

Many workplace accidents and occupational diseases are preventable, and employers should commit to making occupational health and safety a priority in the workplace. Employees should not have to risk injury at work. Properly training employees and ensuring that all workers are properly supervised and aware of potential hazards can decrase potential dangers at a jobsite. Purchasing the necessary safety equipment and first aid kits is another important step in preventing work related accidents. Here are some additional steps that can be taken to increase workplace safety:

All employees should use proper protective gear, such as protective head gear, back braces, and glasses with proper safety shields, when working on hazardous job sites. Supervisors must ensure that all employees devote their full attention to their job tasks. Many accidents could have been prevented if the employee had been paying proper attention to the task at hand. Encourage employees to ask for assistance if they feel an object is too heavy to lift or they cannot safely complete a task alone Make sure that all equipment is regularly inspected and properly maintained Make sure that dangerous substances are properly labelled and stored Keep workplaces free from unneccessary clutter and debris

A safety committee should be designated to oversee workplace safety issues, evaluate current safety programs, and suggest and implement new safety policies, such as a required safety program for all employees.

Occupational Health and Safety Administration-OSHA

The Occupational Safety and Health Act of 1970 created the Occupational Safety and Health Administration (OSHA) within the Department of Labor. Its mission is to prevent work-related illnesses, injuries, and deaths. OSHA aims to ensure employee safety and health in the United States by working with employers and employees to reduce workplace hazards and implement health and safety programs. OSHA was founded on the principle that employees have a right to a workplace that is reasonably free of health and safety hazards. Penalties for violations of OSHA standards range from $0 to $70,000, depending upon how likely the violation is to result in serious harm to employees.

Workers Compensation

Workers' Compensation is a system of laws that provides set benefits for injured employees and eliminates the need to litigate against employers and co-workers. It is a no-fault system, which means that there is no need to prove any fault on the part of the employer for the employee's injury. It should be understood that workers' compensation is a form of benefits, not a lawsuit against an employer. Filing a workers' compensation claim is similar to filing a claim with an insurance company. Most states require that every employer provides workers' compensation insurance, but there are some exceptions including small businesses and independent contractors. Workers' compensation only covers injuries that "arise out of and in the course of employment." In order to claim workers' compensation for a particular injury or illness, the accident that caused the grievance must be within the range of an individual's employment duties. In most states, workers' compensation programs do not include coverage for injuries that happen as a result of an accident outside the scope of an individual's employment. Federal employees and railroad workers are governed by different systems, FECA and FELA, respectively.

Determining Liability

For most work related accidents, workers' compensation laws prevent injured workers from filing personal injury lawsuits against their employers. Therefore, determining liability is unnecessary. However, if your accident happened on the job but was due to the negligence of someone outside of your company, you may be able to file a claim against this third party. Many third party negligence claims are filed against the designers and manufacturers of defective machines and equipment that cause injury to workers. Subcontractors, negligent drivers, property owners, maintenance companies, and safety consultants are other examples of third parties that may be held liable for your workplace accident.

If you have been injured as a result of a work related accident, there are a number of things you can do to protect your legal rights and increase your chances of successfully proving liability:

Report the injury to your supervisor and/or employer and note the name and position of the person you notified. Get the names and contact information of anyone who witnessed the accident. Try to preserve any evidence related to your injury by taking photographs of area where you were injured and your injuries and keep the equipment or tool involved in your injury. Get medical attention for your injuries.

In addition, you should find an attorney with experience in handling work related accidents and the injuries associated with them.

Statute of Limitations

In order to ensure that you do not waive your right to possible compensation for the injuries suffered in your work related accident, you must file a claim before the statute of limitations expires. The statute of limitations is a time limit that governs the period in which an injury victim can file a personal injury lawsuit. After this period expires, you lose your right to bring a claim in connection with your work related accident. The statute of limitations varies depending on circumstances of the injury and the state in which it happened. In order to ensure that the statute of limitations on your work related accident case does not run out, it is advisable to contact a personal injury lawyer as soon as possible.

All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics.

Tags: Legal Help · Work Accidents · Work Related Accidents