Workplace Accidents
Just a century ago, workers of all ages were routinely exposed to workplace hazards – with little concern for their safety. Some occupations, such as working in coal mines and talc factories, were so dangerous that most employees were disabled or dead long before retirement age. When tragedy struck, workers and their families had to fend for themselves. Workers were exploited for as long as they were productive, and they were simply fired if they were crippled on the job. Labor Unions were formed to help give some voice to workers abused, injured or killed while working.
Happily, employers today are much more attuned to worker safety issues – in large part because of government regulations and lawsuits from those injured, or families of those killed on the job. A worker can no longer be “let go” with no benefits when injured on the job, and employers of four or more people are obligated to pay Workers' Compensation Insurance premiums in all 50 States. Still, workplace safety can always be improved – especially when working is dangerous owing to employer “cost cutting” measures which skimp on worker safety.
The U.S. Department of Occupational Safety and Health Administration (OSHA) sets forth regulations, investigates workplace accidents, and monitors industrial worker safety. OSHA was formed in 1971, and is credited with reducing workplace injuries by 40% and lowering on the job deaths by 60%. However, workplace tragedies still occur. Last year OSHA investigated fatalities at work where employees were strangled, beaten, burnt, shot, electrocuted, drowned and crushed to death. Workers in high-risk occupations, such as farming, forestry, mining, construction, and chemical manufacture are exposed to greater risks – placing even more obligation on employers to help ensure workplace safety.
Accidents may occur owing to simple negligence of an employer – in which case their Workers' Compensation premiums can shield them from worker claims (but not claims relating to suppliers, subcontractors, etc). However, an employer’s conduct in causing or failing to prevent a foreseeable workplace accident may rise to the level of reckless or even intentional. There may be “substantial certainty” that, over time, an accident will occur. If so, the employer is liable for damages over and above what Workers' Compensation pays the injured employee, or the death benefit due the victim’s family. Examples of “substantial certainty” of an accident include:
- Failure to replace frayed, live wires resulting in electrocution;
- Failure to alarm high pressure valves which explode;
- Failure to ensure there are machine guards on industrial milling equipment;
- Failure to replace worn and outdated machinery;
- Failure to place safety railing on chemical mixing vats;
- Failure to take proper fire safety precautions;
- Failure to train employees about workplace safety procedures; and
- Failure to address a dangerous situation after one or more near accidents.
It is crucial to retain a competent Ohio attorney when making a workplace accident claim against an employer, seeking over and above what is due from Workers' Compensation. At Goldberg Law offices, we have over 23 years of experience helping victims of Workplace Accidents and their families. We know how to bring claims against an employer, and/or other responsible parties. We have a full-time physician on staff to review the nature of the injuries and technical consultants to help prepare your case for trial or settlement. We are not afraid to go up against any employer, supplier or subcontractor – no matter how large, wealthy or powerful they appear to be.
Our Ohio Workplace Accident Attorneys offer a no-charge consultation and will be happy to discuss a potential claim involving injury or death from a Workplace Accident in Ohio. Victims of these tragedies and their Families deserve compensation– and the best legal team to fight for them. However, any potential claim must be filed within the applicable Statutes of Limitation, which are very short. We can answer your questions about your claim and concerns about the timeframe in which to bring it. Don’t let the compensation you and your family may be entitled to lapse for failure to file your claim in a timely fashion.
Please call today to discuss your potential claim at no cost to you.
