According to government statistics there are about 4 fatalities per 100,000 workers. That results in about 5 fatalities a day. About 25% of these injuries happen on U.S. highways while the others happen on the job site. Common injuries include sprained muscles, psychological injuries, abrasions and bruises. Restaurant workers have some of the highest injury rates.
The employer becomes responsible for some of these injuries if they do not show a good faith effort to reduce risk. Not informing employees of danger during training, failing to keep injury logs, not fixing broken equipment, neglecting repairs on facilities, and not providing proper equipment are some of the reasons why employers get caught with big settlements.
The employer's biggest defense is that they have done everything possible to reduce the chance of an injury or fatality but the worker failed to follow the rules. Many times workers do not follow established rules or procedures and then get injured on the job. With proper research of the incident the employer can protect themselves.
Let us take a look at a middle aged heavy set man who tripped over an open cabinet drawer and dislocated her shoulder. This man attempted to sue the employer for an unsafe workplace. What saved the organization was the fact that 6 months prior he attended a meeting in which the employer addressed the issue as well as the fact that the worker was the one who left the cabinet drawer open in the first place.
Since the worker received training (i.e. meeting) and did not follow the directions given in that meeting he was solely responsible for her injury. The employer was off the hook despite the few thousand dollars they spent on an attorney. If the would have lost that case it could have ranged from a few hundred thousand dollars to more than a million if the injured party can show they are limited in their ability to perform essential functions.
Methods of Reducing Employer Liability:
1.) Safety Training.
2.) Discipline employees who do not follow procedure.
3.) Written procedures and postings about safety.
4.) Sending the worker to the clinic to assess the damage.
5.) Pre-screen physicals to weed out pre-existing conditions.
6.) Replacing and fixing damaged equipment and facilities.
7.) Keeping an injury log and documentation.
Published by Mali74
Murad Ali is a three time book author, a doctoral student, a professor, and a human resource professional. He runs a consulting and online advertising company for small and medium businesses at http://www.ma... View profile
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- 25% of injuries are in vehicles.
- Liability can be reduced with training, maintenance and medical visits.