Legendary Trial Lawyer Gerry Spence, Founder of The Spence Law Firm, Dies at 96 -- Read more

Legendary Trial Lawyer Gerry Spence, Founder of The Spence Law Firm, Dies at 96 -- Read more

Top Examples of Unsafe Work Conditions

Jan 26, 2024

Every year, millions of work injuries occur throughout the country, with many of them unfortunately being fatal. Thanks to research and accident investigations, the most unsafe working conditions across most injuries have been identified, and knowing these risks is half the battle when it comes to creating a safe workplace.

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Although it is impossible to completely do away with work injuries, understanding the characteristics of certain unsafe working conditions can go a long way in cutting down the number of work accidents.

Common Examples of Unsafe Working Conditions

According to data and research from the state and the National Safety Council (NSC), Wyoming is the worst state in the country for workplace fatalities. One reason for this is the concentration of dangerous jobs in Wyoming, from oil field work to construction.

In these and other types of dangerous jobs, there are typically hazards that threaten workplace safety, including:

  • Chemical Hazards: All manner of chemical hazards may be present at Wyoming work sites, including pesticides, solvents, and acids
  • Hazardous Ergonomic Conditions: Poor posture, strong, constant vibrations, awkward movements, and repeated stress can lead to injuries over time
  • Unreasonably Dangerous Equipment: Faulty and unreasonably dangerous equipment can quickly cause serious injuries and fatalities at work
  • Exit and Egress Obstruction: Blocked exits and means of egress prevent workers from escaping dangerous conditions, such as fires
  • Unsanitary Conditions: Allowing workers to work in unsanitary conditions can lead to the contraction of dangerous conditions and infections

Other frequent high-risk conditions found at worksites in Wyoming include work performed at dangerous heights without proper safety measures, around improperly secured electric cords and cables, and without the benefit of properly functioning communications equipment, including monitoring equipment, radios, and sensors.

What Are Your Employer’s Responsibilities for Your Safety?

Employers have the important duty of making sure that their workplaces are safe for employees. What exactly this means depends on the type of work being done.

For example, an employer’s safety responsibilities at a construction site will be much different from those of an employer who runs a sandwich shop. In both cases, employers must take reasonable measures to help ensure the safety of employees.

Workers’ Comp Insurance

If your employer fails to maintain a safe workplace and workers are injured, the workers are typically not permitted to sue the employer for negligence. Instead, they must seek compensation through the employer’s workers’ comp policy. In Wyoming, workers’ comp is required for workers in jobs that are considered extra hazardous.

Fortunately, a large percentage of jobs within the state have this classification. For jobs without this classification, workers’ comp is not a requirement.

What to Do if You’ve Been Injured on the Job Due to Unsafe Working Conditions

If you experience an injury on the job due to unsafe work conditions, you should take the following steps, regardless of the circumstances:

  • Get to safety
  • Get medical treatment
  • Inform your employer
  • Meet with an experienced work injury lawyer

In some cases, you may also want to consider taking photos or videos of the incident and gathering contact information and statements of witnesses, which would be instrumental in a case for compensation outside of workers’ comp.

FAQ

How Long Do I Have to Seek Compensation for a Work Injury?

Injured workers seeking benefits from the workers’ comp system have one year from the date of their injury to file for benefits, or one year from the date of the discovery of an occupational illness.

However, you will need to report your injuries to your employer within 72 hours, or you can lose the ability to seek benefits. For injury claims outside of the workers’ comp system, there is a four-year time limit.

How Long Does It Take to Get Compensation After a Work Injury?

How long it takes to obtain compensation depends on the circumstances of your work injury. If you are filing a workers’ comp claim, you will likely receive compensation for your injuries sooner than you would with a direct claim against your employer (if allowed) or a third party.

For this reason, injured workers with standing to file a workers’ comp claim and a direct third party personal injury claim typically file both in order to get compensated quickly from workers’ comp while awaiting compensation from a lawsuit.

How Much Compensation Will I Get?

The amount of compensation you receive depends on the extent of your work injuries and whether you are able to seek compensation outside of the workers’ comp system. If not, you will be limited to workers’ comp benefits and coverage, which include:

  • Medical treatment for the work injury
  • Partial wage replacement, which equals two-thirds of your monthly wage up to the state limit
  • Travel reimbursement for medical treatment of your work injury

If, however, your employer does not carry workers comp or caused your injury through misconduct, you may be entitled as an injured worker to file an unsafe working conditions lawsuit against your employer directly for full damages. You may also sue third parties for their acts of negligence.

A third party is a party other than your employer, yourself, or other employees. They often interact with the workplace but are not officially part of the work team, such as customers, clients, and delivery drivers from other companies. Workers injured by third parties can seek full damages for their injuries.

Damages available from suing third parties or an employer include those that cover medical bills, full wage replacement, pain and suffering, and more. Keep in mind that regardless of the avenue you use to seek compensation, you are much more likely to get a proper payout with an attorney fighting for you than seeking compensation alone.

Let a Wyoming Work Injury Lawyer Fight for You

If you have been injured on the job, you deserve to access every penny of compensation entitled to you by law. Contact The Spence Law Group to schedule a free consultation with a seasoned Wyoming work accident attorney and find out your best options today.

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If you are struggling with a serious injury, or are fighting against seemingly impossible odds against big corporations, insurance companies or the government, call us to speak with our team of trial lawyers who will fight for you. We take no fee unless we earn it by winning your case.