Occupational hazard lawsuits are a major concern with any company size and, for the personal safety of all parties, employers are required by law to carry workers’ compensation insurance for their employees. The cost of this insurance will vary depending on the size of the business, the level of risk that employees are exposed to on a daily basis, and the previous history of accidents for the business. Employers can purchase insurance directly through the state, by using a licensed insurance agent, or by setting up a fund to pay for claims made by workers themselves.
OBJECTIVE OF WORKERS’ COMPENSATION IN HAZARDOUS WORK
The purpose of workers’ compensation is to provide medical expenses and income for workers injured from hazardous conditions at work and to offset court costs in the event of a dispute. If employers don’t carry workers’ compensation insurance, or if they file false documents to avoid paying higher premiums, the results could be disastrous for the business. A worker can sue for the full cost of medical care including pain and suffering, and an employer can be forced to pay higher premiums when they finally get insurance.
WHEN TO CONSULT WITH A LAWYER EMPLOYMENT HAZARDS
If an employee feels that their current illness or injury is caused by an occupational hazard, they should contact an attorney. An attorney will have knowledge of the state’s specific workers’ compensation laws and will be able to outline what options are available to resolve the case. It is not always easy to benefit from a workers’ compensation policy and employees may be required to show substantial evidence that the illness or injury in question was not caused by outside influences.
Illness is probably the most difficult to collect workers’ compensation because it can take years for symptoms to develop. In an effort to save business money, employers who work with their insurance companies can outright deny that the injury or illness is the result of hazardous working conditions. A rejection letter from an insurance company for a claim can lead to a denial of medical treatment, and it’s important to consult a lawyer long before this situation arises and you run out of money to pay for services.
In general, unions are the group most likely to need workers’ compensation protection because of the hazardous conditions found in many of their jobs. Examples of union workers include carpenters, welders, masons and iron workers. In any of these jobs, there is the potential for exposure to toxic gases, asbestos, the wrong materials, debilitating damage and strain caused by falls, and even death.
OSHA MANAGES SAFETY AT WORK
In an effort to protect workers in these hazardous jobs, OSHA sets threshold values for exposure to toxic substances including noise pollution in the workplace. OSHA is a government agency that also regulates the safety measures that must be followed to meet their standards, and failure to do so can result in large fines. Office workers can also be affected by hazardous conditions in the workplace such as asbestos, carpal tunnel syndrome, mold, and strain caused by moving boxes or office equipment.
PROVE THE CASE IN OCCUPATIONAL HAZARDS CLAIMS
An occupational hazard lawsuit can be strengthened if the employee can prove that the employer is aware of the risks associated with the job and has done nothing to inform the worker of the hazard. Major negligence can be very difficult to prove and often requires extensive evidence that the employer committed an intentional act against you. Depending on the type of insurance an employer purchases for his or her business, there may be different eligibility requirements for coverage from workers’ compensation and there is often a period of time during which an employee must report an incident in order to be considered for coverage.
CASE STUDY OF FORMER IBM EMPLOYEES LAUNCHES WORK HAZARDS LAW
Several years ago two former IBM employees filed an occupational hazard lawsuit against the company. Employees claim they developed cancer from chemicals used at IBM to make processing chips. They also claim that IBM is aware of the potential risks associated with the use of certain chemicals and failed to inform all employees of the associated risks.
It can take years for cancer symptoms to appear, and with many air pollutants now labeled carcinogens (cancer-causing), it is increasingly difficult to hold businesses accountable for the disease. Other former employees tried to sue the computer company claiming that they too had cancer from chemicals in the factory and some had children born with birth defects as a result of exposure to the poison. IBM won lawsuits because workers could not show cancer in certain chemicals used in factories and many lawsuits were filed years after the guidelines set out in the company’s workers compensation policy.
Unlike illnesses that take years to develop, injuries are usually very sudden and it’s easier to pinpoint the cause of the accident. Let’s assume you work in a machine shop where metal drill bits are made. Noise levels are above the threshold set by OSHA and your employer has been notified that all employees must be provided with ear protection. Your employer decides to ignore this recommendation and you lose your hearing from working next to a loud machine. The cause of the injury is easy to identify and if the employer refuses workers compensation, you have grounds for an occupational hazard lawsuit.