unsafe working conditions

“What Happens if I Get a Work Injury Due to Unsafe Work Conditions?”

November 4, 2020 By James Hoffmann Leave a Comment

In most cases, you can’t file a personal injury lawsuit against your employer if you’re injured on the job, even if this was due to unsafe conditions. However, you may still be entitled to compensation.

If you’ve experienced an injury on the job in St. Louis or elsewhere in Missouri, you may be wondering what your options are for compensation. Do you file a claim for worker’s comp with the help of a St. Louis work injury lawyer? Or should you be thinking about a personal injury case?

You Will Generally Be Compensated Through Workers’ Compensation

In most cases, you can’t file a lawsuit against your employer if you’re injured on the job, even if this was due to unsafe conditions. This is because of how workers’ compensation works – it allows you to get compensation for an accident no matter who is at fault.

Your employer doesn’t have to be at fault – even if an injury is due to your own negligence, you can still generally get compensation for the injury. In the same way, if your employer is at fault because of an unsafe working environment, they may be penalized by regulatory authorities, but you will still usually need to pursue compensation through workers’ comp, rather than filing a lawsuit.

There Are Exceptions

In most cases, you can’t sue due to getting a work injury because of unsafe work conditions in St. Louis. However, there are a few circumstances when you might be able to sue, even while pursuing a worker’s comp claim.

Intentional injury by your employer – In an extreme example, if a supervisor does something like intentionally move a ladder while you’re still on it and you fall and are injured, you may be able to sue.
Injury caused by an illegal act – If a manager or employee assaults you on the job, for instance, this is illegal, and you may be able to pursue further damages through a lawsuit.
Your employer doesn’t have workers’ compensation insurance – If your employer does not have a workers’ comp policy, they can face serious fines and penalties, and you will usually be able to sue them directly for damages since you won’t be able to file a workers’ compensation claim due to their lack of insurance.

Before deciding which course of action to take, it is a good idea to speak with an experienced work injury attorney. Filing a lawsuit could void your worker’s compensation benefits if you do not have a legitimate case. An experienced attorney can evaluate your claim for free and help you determine what compensation you are entitled to and how to go about getting that compensation.

Speak With an Experienced St. Louis Work Injury Lawyer

To protect your rights as a worker, it’s important to speak with an experienced workers’ compensation lawyer in St. Louis as soon as possible after a workplace injury. If you have been injured on the job due to unsafe working conditions, contact our legal team for a free case review, and make sure your rights are protected.

Speak With a Workers Comp Attorney

Give us a call 24/7 for a FREE Case Evaluation

Call (314) 361-4300

What to Do If You Notice Unsafe Workplace Conditions

August 17, 2018 By James Hoffmann Leave a Comment

Employers are not perfect and they often miss certain unsafe conditions.

A subject that employers frequently revisit is workplace safety. They have two reasons to do so. The first is that they want their employees to be safe and productive. The second is that the Occupational Safety and Health Administration (OSHA) does regular checks on workplaces and assesses fines to repeat offenders. What monitoring workplace safety does is keep you from sustaining injuries at work. Employers are not perfect, though, and they often miss certain unsafe conditions. If this happens and you get injured at work, it is a good idea to consult with a St. Louis workers compensation attorney.

Don’t Be Afraid to Speak Up

As an employee, there may be a strong urge to stay quiet about issues in your workplace. You might be afraid of the backlash if you complain, believe that you don’t have to power to change anything, or have some other limiting belief. The truth is that this mindset doesn’t help anybody. It leads to both employee injuries and puts your employer at significant financial risk. If you speak up and tell somebody, you could end up saving a life.

Notify Your Employer

The first step is always to talk to your employer. The odds are that they will listen to your observation and take it seriously. Making a positive change in the workplace can mean saving a significant sum of money, so they will likely be enthusiastic about making the changes you propose. If they are not, you can move on to the following alternate options.

Refuse to Work

There are certain circumstances where you may legally refuse to work. These conditions are your workplace posing a significant threat of injury, your employer refusing to fix the issue, and the danger being so immediate that there is too little time to report it to OSHA. If you believe that these conditions are met, you can remove yourself from your workplace in an attempt to keep yourself safe. If this leads to termination, you may have a wrongful termination case against your employer. Whether you do or not is best determined by an experienced attorney.

Contact OSHA

If your employer will not make the changes you deem necessary and the danger is not immediate, you should report your workplace to OSHA. From here, OSHA will likely plan a visit to your workplace to determine if you are correct or not. If they find that your employer is not following regulations, it could lead to fines and an order to fix the issue. If you are afraid of the consequences of doing this, know that there are laws protecting employees that make OSHA complaints. If your employer retaliates, they will break those laws, and you will have legal tools to use against them.

Most of the tragedies that happen in the workplace are avoidable. The first line of defense is your employer, but sometimes they do not provide the action necessary to ensure safety. If this is the case, don’t be afraid to take matters into your own hands. Alternatively, if your workplace causes you an injury before its issues are fixed, it would be wise to speak with an experienced St. Louis work injury lawyer about your case. Call us 24/7 for a FREE case evaluation :: (314) 361-4300

Five Signs You’re in an Unsafe Work Environment

January 14, 2018 By James Hoffmann Leave a Comment

An unsafe work environment is usually a sign of a deeper problem, like poor management or an overworked team.

Working in an unsafe environment is not only a threat to your safety, it can also harm your mental health and diminish productivity. You should never tolerate threats to your safety, so here are a few signs you may be unsafe at work.

Poor Communication – Communication breakdowns could be a major cause of injury, especially in factories, warehouses, and kitchens. Unclear or strained communication could also discourage employees from reporting mistakes or unsafe practices to upper management.
Doesn’t Check Your References – If your employer doesn’t bother to check your references, it could indicate that they are not careful to screen employees.
Allergies – Wheezing, shortness of breath, and other allergy-related symptoms could be a sign that you have asbestos in the workplace. Asbestos is extremely dangerous, often resulting in lung disease or cancer. The Missouri Workers’ Compensation Act was expanded in the past few years to include “occupational disease due to toxic exposure.” This means that your employer may be liable in part or in full for any asbestos-related illness.
Frequent Illness – Frequent illness could not just be a sign of poor air quality, but also of chronic stress. Chronic stress is one of the worst contributing factors to a weakened immune system and frequent illness. It’s also a sign of a poorly managed workplace, a shortage of workers, or a lack of team unity, all contributing factors to an unsafe work environment. High stress is not only bad for your health, but it can also actually lead to mistakes in the workplace that leave people injured.
Lack of Rules – Any workplace should have an easily accessible handbook and safety rules prominently displayed. If they do not, it could indicate a lack of regard for safety as well as disorganization and unprofessionalism. Be sure to mention this to your St. Louis workers’ compensation attorney.

Seek Legal Help

An unsafe work environment is usually a sign of a deeper problem, like poor management or an overworked team. If you find yourself in an unsafe work environment, seeking employment elsewhere is a good idea, but if leaving your current employer is not an option for you right now, you should be sure to document all of the unsafe work practices that you witness. This may involve keeping a daily diary in which you indicate witnessing unsafe work practices. In the event of injury, this evidence combined with a respected St. Louis workers’ compensation lawyer could help you get the settlement you deserve and the medical care that you need.

Call the Law Office of James M. Hoffmann at (314) 361-4300 or fill out our Online Case Evaluation Case!

Work-Related Heart Disorders – St. Louis Worker Compensation Law Firm

August 9, 2016 By James Hoffmann 1 Comment

In the U.S., heart disorders are responsible for more deaths than any other disease.

Exposure to certain environmental conditions can cause or aggravate heart disease. Whether or not you qualify for workers’ compensation benefits for a heart disorder can be a complicated matter. It is often difficult to prove that a heart disorder is a result of workplace conditions. In addition, heart disorders can go undiagnosed for years, making it even more difficult to prove the link between the illness and workplace conditions.

Workplace Risks That Can Cause Heart Disorders

There are several workplace conditions that can lead to the development of heart disorders. These include:

Chemical exposure – Chemicals can cause serious or even life-threatening heart disorders. For example, long-term exposure to carbon monoxide can damage the walls of the heart. Chemicals such as halogenated hydrocarbons and carbon disulfide can cause palpitations or arrhythmias.
Trace metal exposure – Ingesting or inhaling trace metals in the workplace can cause heart disorders or other conditions that lead to heart disorders. Common metals that can lead to heart disorders include beryllium, antimony, cobalt, and lead.
Noise – It has been shown that long-term exposure to loud noises can cause high blood pressure, which can eventually lead to heart disorders. Studies have revealed that workers who suffer from job-related hearing loss are more likely to suffer from cardiac problems related to noise stress.
Heat and vibration – The link between exposure to extreme temperatures or vibration and heart disorders is still being researched; however, they do place stress on the body, leading to heart problems.
Mental stress – Workers are often mentally stressed because of tight deadlines, long work hours, difficult co-workers, performance pressures, and other stresses. According to the CDC, these stresses can play an important role in the development of heart disorders. In fact, working overtime has been linked to an increased risk of heart-related conditions and work-related accidents.

Workers’ Compensation Benefits for Heart Disorders

As we said earlier, getting workers’ compensation benefits for heart disorders is not always easy. A worker must prove that the illness is a direct result of a workplace accident or exposure to chemicals or trace metals in the workplace. This becomes difficult if the disorder has developed gradually over time.

If you have developed a heart disorder, which you believe is the result of the work you do or the conditions in the workplace, you may be entitled to workers’ compensation benefits. Consult with a St. Louis worker compensation attorney to evaulate your case. Call The Law Office of James M. Hoffmann at (314) 361-4300 for a free consultation.