Occupational hazard claims are the number one concern for businesses of any size, and for the personal safety of all concerned, 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 employees take on a daily basis, and any prior accident history of the business. Employers can purchase insurance directly through the state, by using a licensed insurance agency, or by establishing a fund to self-pay any claims filed by workers.
PURPOSE OF DANGEROUS OCCUPATIONAL WORKERS’ COMPENSATION
The purpose of workers’ compensation is to provide medical expenses and income for workers injured by dangerous conditions on the job and to offset court costs if there is a dispute. If an employer does not carry workers’ compensation insurance, or submits fraudulent documents to avoid paying higher premiums, the result could be disastrous for the company. A worker can sue to get the full cost of medical treatment, including pain and suffering, and the employer could be forced to pay higher premiums when they finally get insurance.
WHEN TO CONSULT AN OCCUPATIONAL RISK LAWYER
If an employee feels that their current illness or injury was caused by an occupational work hazard, they should contact an attorney. An attorney will be knowledgeable of state-specific workers’ compensation laws and will be able to describe your options for resolving your case. It is not always easy to obtain benefits from workers’ compensation policies and the employee may be required to present substantial proof that the illness or injury in question was not caused by outside influences.
The disease is probably the most difficult to obtain for workers’ compensation, as symptoms can take years to develop. In an attempt to save the company money, an employer working in conjunction with its insurance company may strongly deny that the injury or illness was the result of hazardous working conditions. A claim denial letter from the insurance company can result in a denial of medical treatment, and it is critical to consult an attorney well before this situation arises and you run out of money to pay for services.
Generally speaking, unionized workers are the group most likely to need workers’ compensation protection due to the dangerous conditions found in many of their jobs. Examples of unionized workers include carpenters, welders, masons, and iron workers. In any of these jobs there is the possibility of exposure to toxic gases, asbestos, defective material, debilitating breaks and stresses caused by a fall, and even death.
OSHA REGULATES SAFETY MEASURE AT WORK
In an attempt to protect workers in these dangerous occupations, OSHA sets threshold limit 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 its standards, and non-compliance can result in hefty fines. Office workers can also be affected by dangerous conditions in the workplace, such as asbestos, carpal tunnel syndrome, mold, and stresses caused by moving boxes or office equipment.
PROOF OF THE CASE IN DEMAND FOR LABOR RISKS
The case for a workplace hazard lawsuit can be strengthened if the employee can prove that the employer knew of the hazards associated with the job and did nothing to inform workers of the hazard. Gross negligence can be extremely difficult to prove and often requires extensive evidence that the employer committed a willful act against you. Depending on the type of insurance an employer purchases for their business, there may be different eligibility requirements for workers’ compensation coverage, and there is often a period of time in which employees must report an incident for it to be considered. coverage.
CASE STUDY: FORMER IBM EMPLOYEES LAUNCH LAWSUIT OVER OCCUPATIONAL HAZARDS
Several years ago, two former IBM employees filed an occupational hazard lawsuit against the company. The employees claimed they developed cancer from the chemicals used at IBM to create processing chips. They also claimed that IBM was aware of the potential risk involved with the use of a particular chemical and failed to inform all employees of the associated risks.
It can take many years for symptoms of cancer to manifest themselves, and with many air pollutants now labeled as carcinogens (cancer-causing), it is increasingly difficult to hold companies accountable for disease. Other former employees tried to sue the computer company, alleging that they too had developed cancer from the chemicals at the plant and that some had children with birth defects as a result of toxic exposure. IBM won the lawsuits because the workers were unable to identify cancer in the specific chemical used at the plant and many of the lawsuits were filed years after the guidelines laid out in the company’s workers’ compensation policy.
Unlike a disease that can take years to develop, the injury is usually very sudden and it is easier to locate the cause of such an accident. Suppose you work in a machine shop where metal drill bits are made. The noise level is above the OSHA limit and your employer has been informed that all employees must have hearing protection. Your employer chooses to ignore these recommendations and you lose your hearing from working around the noisy machines. The cause of the injury is easily identifiable, and if the employer denies workers’ compensation, he has grounds to file a workplace injury claim.