What Employers Should Know About Workplace Injuries

​Workplace injuries are a concern across several industries and bear significant legal risks for employers and organizations. While some jobs are riskier than others, like mining and construction businesses, employers in all sectors are legally and ethically responsible for safeguarding employees’ health and safety.

The Occupational Safety and Health Administration (OSHA) enforces federal safety standards, granting employers the duty of care over their workers. Established under the Occupational Safety and Health Act of 1970, OSHA emphasizes the need for proper training, outreach, and education, and primarily guides organizations in eliminating common hazards that cause serious harm or death. Workers can file complaints to OSHA if they feel inspections and enforcement actions are necessary.

To minimize the risk of litigation when dealing with workplace injuries, most organizations develop and implement workers’ compensation systems that provide no-fault compensation to injured employees without the need to prove negligence. Workers forfeit the right to sue their employer, creating a grand bargain often achieved through several benefits such as paid medical expenses, rehabilitation services, and permanent disability compensation in cases where workers’ productivity is permanently affected after injuries. Notably, the law requires employers to acquire workers’ compensation insurance to implement this system, plus a clear dispute resolution plan that upholds timely and fair compensation for work-related injuries.

Despite its benefits to employers and employees, the workers’ compensation system has several limits. For workers, benefits are often capped and may not fully compensate for lost wages. Moreover, not all employees are eligible for cover, especially temporary and part-time workers and those working for independent contractors. For organizations, injured workers can still sue outside the compensation system, especially if an intentional act of the employer caused the injury or if a third party, such as a contractor or supplier, is responsible for the injury.

If an employee sues a company outside the compensation system, the court requires proof of negligence or wrongful conduct to settle the case. Common causes of liability in such cases include vicarious action, where supervisors and co-workers are responsible for one’s injury, negligent hiring and supervision that leads to an accident, and instances where employers punish workers for filing legitimate compensation claims.

To avoid workplace injuries and the associated legal and financial burdens, employers should implement several proactive tactics, such as risk assessment. Organizations should have a safety department and solicit the services of external auditors to periodically inspect the workplace for hazards. These professionals should assess tasks and equipment to identify common risks, like falls, electrocution, and chemical exposures. Once these hazards are identified, employers should promptly implement appropriate control measures, such as adopting administrative policies and providing personal protective equipment (PPE).

Safety training and education are also important for avoiding workplace injuries. Ongoing training sessions help workers understand how to safely execute their tasks and respond to emergencies. Trainers should customize worker programs to fit various roles and update information. They should focus on topics such as equipment operation, administering first aid, and ergonomics to empower workers in identifying and handling workplace hazards.

Lastly, effective communication is crucial to avoiding work-related injuries. Employees often handle equipment and technologies, and they can easily identify hazards. Managers and supervisors should create a culture of open communication to encourage workers to report these issues. Meetings, surveys, and questionnaires are important platforms for expressing concerns, and one can choose their preferred avenue depending on the urgency of the matter and whether or not they wish to remain anonymous.

Benjamin and Shapiro Ltd

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