Workers' Compensation and Workplace Safety a Right, Not a Luxury
Workplace safety is not an option for employers. The federal government requires that all employers provide a safe working environment free from any hazardous or harmful conditions for their employees. When such harmful conditions are present in a workplace, employers will likely be liable for any injuries from unsafe workplace conditions.
The Occupational Safety and Health Act (OSHA) of 1970 mandates safe working conditions in America and provides the workplace standards by which employers must abide. When an employer does not comply with the OSHA standards and an employee is injured, a workers compensation claim will likely ensue.
Workers' compensation provides guaranteed compensation to employees injured in the course of employment; however, the amount of compensation that can be recovered is limited. Therefore, a workers' compensation claim also safeguards employers from paying any excessive costs beyond which is set for certain bills and lost wages, despite the fact that an employee may suffer greater damages.
An example of an employee who suffered damages beyond that which was set per workers' compensation is seen in the case of a paralyzed truck driver. In this case, a former independent truck driver was involved in a loading dock accident that paralyzed him from the chest down. The injured worker received payment through workers' compensation settlement agreement, however the payments were not great enough for the amount of medical bills, lost wages and life altering damages the man experienced.
After consulting an attorney, the man filed a separate claim against the trucking company for $10 million, alleging that the truck company was negligent in its treatment of independent drivers. The truck lift used to unload the man's truck here did not have adequate railings; after the man raised the lift he was unable to reach the remote control for the lift and, without railings, he fell, landing head first. The lawsuit is alleging that the trucking company had differing standards for company versus independent workers, and that proper safety equipment was not provided for all independent drivers.
This case shows that upon careful examination of an employment injury, other factors may arise and establish separate claims for which relief can be granted besides workers compensation. Although workers compensation limits relief, it is not the end-all claim for all work-related accidents, which is why obtaining an experienced Missouri workers' compensation lawyer is essential.
By consulting with a workers' compensation lawyer skilled in this area of the law, you may find that the law provides additional remedy for things you did not know. An experienced workers' compensation attorney will look at all angles to make sure your legal options are covered, giving you the best possible chance to just recovery.
As an experienced workers' compensation attorney, I am happy to discuss any questions and concerns you have about work-related injury lawsuits or personal injury in general. I understand that dealing with an injury and a lawsuit is exhausting, which is why I am available 24 hours a day at your convenience. You can directly contact me at 314.322.8515 or toll free at 1.800.500.INJURY (4658).
Consultations are free and there is no fee unless you recover. You can email me at john@pagecagle.com or visit www.workerscomp-lawgroup.com for more information. I look forward to speaking with you and helping you through these trying times.
