Occupational hazard lawsuits are main concern with any sized company
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 assumed by employees on a daily basis, and any
previous accident history for the business. Employers may purchase the
insurance directly through the state, by using a licensed insurance
agency, or by establishing a fund to self-pay any claims made by
workers.
PURPOSE OF WORKERS COMPENSATION IN HAZARDOUS OCCUPATIONS
The purpose of workers compensation is to provide medical expenses and
income for workers injured from hazardous conditions on the job and to
offset court costs if there is a dispute. If an employer does not carry
workers compensation insurance, or if they file fraudulent papers to
avoid paying higher premiums, the result could be disastrous for the
business. A worker may sue to obtain the entire cost of medical
treatment including pain and suffering, and the employer could be
forced to pay higher premiums when they finally do obtain insurance.
WHEN TO CONSULT WITH AN OCCUPATIONAL WORK HAZARD ATTORNEY
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 have knowledge of state specific workers compensation
laws and will be able to outline what the options are for settling the
case. It is not always easy to obtain benefits from workers
compensation policies and the employee may be asked to present
substantial proof that the illness or injury in question was not caused
by outside influences.
Illness is probably the hardest to collect workers compensation from
since it can take years for symptoms to develop. In an attempt to save
the business money, an employer working in conjunction with their
insurance company can outright deny that the injury or illness is the
result of hazardous working conditions. A denial letter from the
insurance company for a claim may lead to refusal for medical
treatment, and it is critical to consult an attorney long before this
situation arises and you run out of money to pay for services.
Generally speaking, unionized workers are the most likely group to need
workers compensation protection due to the hazardous conditions found
at many of their jobs. Examples of unionized workers include
carpenters, welders, masons and iron workers. At any of these jobs
there is the potential for exposure to toxic gases, asbestos, faulty
material, debilitating breaks and strains caused by a fall, and even
death.
OSHA REGULATES SAFETY MEASURE AT WORK
In an attempt to protect workers in these hazardous occupations, OSHA
sets threshold limit values for exposure to toxic substances including
noise pollution in the workplace. OSHA is a government agency which
also regulates safety measures which must be followed to comply with
their standards, and failure to due so can result in hefty fines.
Office workers may also be affected by hazardous conditions in the
workplace such as asbestos, carpal tunnel syndrome, molds, and strains
caused by moving boxes or office equipment.
PROVING THE CASE IN OCCUPATIONAL HAZARD LAWSUIT
The case for an occupational hazard lawsuit can be strengthened if the
employee can prove that the employer knew of the risks associated with
the job and did nothing to inform workers of the danger. Gross
negligence can be extremely hard 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 his
business, there may be different eligibility requirements for obtaining
coverage from workers compensation and there is often a timeframe in
which employees must report an incident to have it considered for
coverage.
CASE STUDY-FORMER IBM EMPLOYEES LAUNCH OCCUPATIONAL HAZARD LAWSUIT
Several years ago two former employees of IBM filed an occupational
hazard lawsuit against the company. The employees claimed that 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 using the particular chemical and neglected to inform all
employees of associated risks.
It can take many years for symptoms of cancer to manifest, and with
many air pollutants now labeled carcinogens (cancer causing), it is
increasingly more difficult to hold businesses responsible for illness.
Other former employees tried to sue the computer company claiming that
they, too, had developed cancer from chemicals at the plant and some
had children born with birth defects as a result of toxic exposure. IBM
won the lawsuits since the workers could not pinpoint the cancer to the
specific chemical used in the plant and many of the lawsuits were filed
years after the guidelines set forth in the company’s worker
compensation policy.
Unlike illness which can take years to develop, injury is usually very
sudden and it is easier to locate the cause of such an accident. Let's
assume you work in a machine shop where metal drill bits are made. The
noise level is above the threshold limit set by OSHA and your employer
has been informed that all employees must be provided with protection
for their ears. You employer decides to ignore these recommendations
and you lose your hearing from working next to the loud machines. The
cause of injury is easily identifiable and if the employer denies
workers compensation you have grounds for an occupational hazard
lawsuit.
Rocco and his team of bonded professional attorneys, CPAs and
accountants help affluent individuals and companies retain control of
their domestic and foreign/offshore assets, protect their assets, build
& preserve their wealth and financially structure their money to
reduce capital gains taxes, estate taxes, inheritance taxes, avoid the
probate process and decrease income taxes.
--------------------------------------------------------------------------------
Rocco Beatrice, CPA, MST, MBA, Award-winning trust & estate-planning expert
71 Commercial Street #150 Boston, MA 02109 tel: 508.429.0011 fax: 508.429.3034
Click here for more info: http://www.ultratrust.com, http://www.ultratrust.com/frivolous-lawsuits-trivial.html
Disclaimer: All information on this site is provided for informational purposes only! By no means is any
information presented herein intended to substitute for the advice provided to you by any health care or other professional
or organization.
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