Workplace Injury Lawsuits

The American workplace has seen improvements in safety, but workplace accidents remain a concern. In 2017, the labor statistics indicated that more 5,000 workers were killed in the workplace, and hundreds of thousands were injured. These injuries can have profound physical, emotional, and financial impacts. Many injured workers face challenges when it comes to returning to work after a workplace injury, and some may even consider pursuing a workers compensation claim or personal injury lawsuit to seek financial compensation for lost wages, medical expenses, and other damages.

Every day, as workers head to the workplace, there’s an inherent trust that the employer will ensure their safety from workplace injury and accidents. Workers rely on their employers to provide them with the necessary training and tools to safeguard against work related injury or illness. This expectation is reinforced by the workers compensation law and standards set by the federal government.

However, even with workers compensation systems and safety measures in place, workplace accidents are an unfortunate reality. Labor statistics reveal that an average of 7,000 American workers encounter a work injury or illness daily, and 14 are killed while working. 

Being knowledgeable about workers compensation law can empower an injured worker to address potential safety gaps in the workplace before it escalates into a more severe workplace injury. If you’re an injured employee, workers compensation insurance typically provides coverage for your medical expenses and lost wages. However, in certain cases, a personal injury claim or third party claim may be more appropriate to ensure maximum compensation.

Occupational Safety and Health Administration

The Occupational Safety and Health Administration, commonly known as OSHA, is the primary organization ensuring workplace injury prevention and the safety of American workers.

In order to minimize workplace accidents and work related injury, OSHA enforces the guidelines outlined in the Occupational Safety and Health Act of 1970. This critical workers compensation law aims to ensure that every workplace is free of recognized health and safety hazards, including exposure to toxic substances, extreme noise levels, mechanical dangers, and other workplace injury risks.

Federal law entitles every worker to:

• Receive safety gear and tools from their employer to prevent workplace injury.
• Operate safe machinery and equipment.
• Obtain health and safety training.
• Be safeguarded from harmful chemical exposure.
• Confidentially file a claim with OSHA for a workplace inspection.
• Discuss safety concerns without worrying about punitive damages or retaliation.
• Access and review records documenting workplace accidents and illnesses.
• Receive copies of the tests that monitor workplace hazards.
• Report a workplace injury or illness.

The majority of private sector employers come under OSHA’s jurisdiction, either directly or via an OSHA-approved State Plan.

Twenty-two states and territories have state plans approved by OSHA, encompassing both private businesses and state and local government workers. Meanwhile, six states have plans specifically in place for state and local government employees. These state-managed programs are mandated to be on par with, if not better than, OSHA’s standards in protecting worker safety.

If you suspect that your employer isn’t adhering to OSHA guidelines, or identify a potential workplace accident risk, you have the right to file a workers compensation claim or complaint. This can be done by filling out an online form, calling 1-800-321-OSHA, or by reaching out to your OSHA regional office.

Workplace Injuries

Despite OSHA’s regulations, workplace accidents are an ongoing problem. Labor statistics from 2017 reveal that private employers reported 2.8 million work related injuries and illnesses. This equates to 2.8 injuries for every 100 full-time workers.

Roughly 31 percent of the injured workers faced challenges immediately returning to their jobs following the workplace injury. On average, these injured employees missed eight days of work following the injury. 

Workplace accidents can happen in a wide range of jobs. However, industries like construction, warehousing, manufacturing, and transportation carry the highest risk. These jobs often expose workers to dangerous situations, such as working at high elevations, which can lead to falls and other accidents. They also frequently operate hazardous equipment, like forklifts and tractors. Jobs with high amounts of driving also report higher injury rates.

Non-Fatal Injuries and Illnesses by Occupation

OCCUPATIONS	NUMBER OF WORKPLACE INJURIES AND ILLNESSES
Service	211,650
Transportation and material moving	178,270
Production	98,320
Installation, maintenance, and repair	82,690
Construction and extraction	74,560
Office and administrative support	63,140
Sales and related	55,480
Health care practitioners and technical	49,230
Management, business, and financial	26,320
Education, legal, community service, arts, and media	22,260
Farming, fishing, forestry	14,760
Computer, engineering, science	5,680

Even jobs that don’t appear dangerous can present workplace injury risks.

For example, based on labor statistics, hospital employees, including health care practitioners and technical staff, face a higher rate of work related injury and illness compared to those in manufacturing and construction. This is primarily because nurses, patient care technicians, and other health care professionals frequently experience strains, sprains, and injuries from lifting and relocating patients.

Injury Types

According to OSHA, fall accidents, particularly those from slipping or tripping, make up a large number of workplace accidents. These workplace injuries can be severe, causing workers to suffer painful sprains, bruises, cuts, or broken bones. Tragically, some injured workers die due to these types of accidents.

Beyond the physical trauma of a work injury, injured workers might also face emotional distress, like depression, and a diminished quality of life. The burden of medical expenses can exacerbate these challenges, especially if costs aren’t covered by workers compensation insurance. Following these accidents, some people may need to rely on temporary or even permanent disability benefits.

Unfortunately, a large number of these workplace accidents could have been prevented. Causes can range from an unattended wet spill, a misplaced rug, deteriorating steps, or uncovered wires blocking a walking pathway. 

Annually, Liberty Mutual Insurance evaluates data from the U.S. Bureau of Labor Statistics, the National Academy of Social Insurance, and workers compensation claims to rank the top causes of severe, non-fatal workplace injuries.

Based on the 2018 Liberty Mutual Workplace Safety Index, the most debilitating workplace accidents led to more than $58 billion in workers compensation claims.

Top 10 Most Common Workplace Injuries in the United States

1. Overexertion due to lifting, pushing, pulling, holding, carrying, or throwing
2. Falls on the same level
3. Falls to a lower level, like from a platform or ladder
4. Being struck by equipment or objects
5. Overexertion from bodily movements, such as bending, twisting, reaching, climbing, or kneeling
6. Roadway incidents, including car accidents
7. Slip or trip accidents that don’t lead to a fall
8. Being caught or compressed by machinery, such as gears or rollers
9. Being struck against an object or equipment
10. Repetitive movements linked to “microtasks”, like those on a manufacturing production line

Police officers, firefighters, and other first responders, often witness tragic accidents or traumatic events, and may suffer from post traumatic stress disorder (PTSD). This condition can coexist with a physical work injury, and may persist long after the physical wounds have recovered.

Deaths in the Workplace 

Based on labor statistics, 5,147 individuals faced wrongful death due to workplace accidents in 2017. This equates to an average of more than a dozen Americans daily.

CAUSE OF INJURY	NUMBER OF FATALITIES
Transportation Incidents	2,077
Fall, slip, trip	887
Violence (including homicides and suicides)	695
Exposure to harmful substances or environments	531
Fire or explosion	123

Of the 4,674 workers who died while working in the private sector, roughly 21 percent were in the construction industry. Almost 60 percent of these construction-related deaths were due to one of the “fatal four” workplace injuries:

• Fall accidents (39.2 percent)
• Being struck by objects (8.2 percent)
• Electrocution (7.3 percent)
• Being caught in or compressed by machinery or objects (5.1 percent)

OSHA estimates that eliminating the “fatal four” workplace injuries could prevent approximately 582 worker deaths annually.

Transportation incidents are responsible for the most worker fatalities in 2017, representing 40 percent of all wrongful death cases. Fatal falls made up 17 percent, marking the highest rate of fall-related deaths since the U.S. Bureau of Labor Statistics began tracking work related injuries in 1992. 

Workers Compensation

Most workers are protected by workers compensation coverage. Workers compensation is a state-mandated program that covers the medical expenses of workers when they experience a workplace injury.

Workers comp benefits might also cover lost wages if an injured worker can’t return to work due to their injury. Moreover, workers compensation benefits extend to cover wrongful death expenses and funeral costs if a worker dies from a work related injury or illness. However, this government program does not provide compensation for pain and suffering.

While many employers need to have workers compensation insurance, the exact requirements differ in each state. 

The workers compensation system functions on a “no-fault” basis, meaning workers comp benefits are given irrespective of who was responsible for the workplace accident. The main criteria is that the injury or illness must have occurred in the workplace.

Workplace Injury Lawsuit

For most work injury cases, workers compensation is the only way to receive compensation for lost wages and medical expenses. Many states view workers compensation as the “exclusive remedy,” ensuring that employers with workers compensation insurance are protected from personal injury lawsuits.

However, there are situations where a worker may have the right to file a personal injury lawsuit. If an employer shows extreme negligence or acts with reckless disregard, a personal injury lawsuit may be possible.

For example, if an employer neglected to provide essential safety equipment, this could form the basis for a personal injury claim. Furthermore, if an injured worker discovers their employer does not carry workers compensation coverage, legal action against the employer may also be an option.

Third Party Liability 

If your workplace injury is due to a faulty product or because of someone other than your employer or colleague, you may have the grounds to file a third-party claim. 

For example, if you were injured because a malfunctioning crane collapsed at a construction site, you might consider a product liability lawsuit against the crane’s manufacturer. Similarly, if an outside party’s negligence created an unsafe work environment that led to your injury, a third-party liability claim might also be appropriate. Furthermore, in scenarios like car accidents during work hours caused by another driver’s negligence, you may have the right to file a claim against that driver. 

A knowledgeable personal injury lawyer can guide you in determining if a third-party is responsible for your workplace accident and whether you’re eligible for compensation.

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