Personal Injury Blog

off of and onto equipment is the leading cause of injuries among equipment operators, truck drivers, forklift drivers, and anyone else who is using the equipment. It's a good idea to first check your boots and gloves before you get on the equipment. Any mud should be cleaned off of boots and gloves before attempting to climb, and you also should use the right kind of gloves to give you a hand hold that's secure.

It's also a good idea to use the three-point stance when you're going as well as coming. Use foot and hand holds that are large in size. It's also a good idea to use your entire foot and hand, rather than using a finger or toe grip. If there is no foot or hand holds, use a stepladder to get onto the equipment. If you can, avoid carrying anything while you're climbing.

Be careful loading and unloading equipment

Even when you're on level ground, there's always the risk of a rollover during unloading or loading. Be sure you’re centered upon ramps and remain straight. Allow ample room to maneuver any equipment safely, especially in the smaller job sites. Have someone with you to help you with guiding you. Be sure the machine is clearing the ramps before you turn. Keep other people way from the machine’s sides during unloading and loading. Check stability, clearances, and trailer deck. Also make sure that you're using the right tie down procedures. This can make a big difference in whether or not everyone is safe when you're loading the equipment.

Avoid crowded areas

Before you start doing any kind of work, make sure that you have ample space to work. Be sure that everyone is staying away from the area where the machine is operating. Otherwise you may be putting everyone at risk for being injured. When you're ready to begin work, let everyone know that they need remain back and stop running the machine if necessary. If you're not sure whether or not everyone's at a safe distance, look to make sure so that you don't have an injury on your hands.

These are three things that you can do to avoid workplace accidents in a warehouse. If you were injured while you were working anywhere, it's a good idea to find a lawyer who can help you with your case. Look for a lawyer who has many years of experience with workplace injuries and follow your doctor's advice. This will give you a better chance of winning your case and being compensated.

According to OSHA, workplace accidents accounted for nearly 4,500 injuries and deaths last year. A startling fact because, the truth of the matter is, a majority of these accidents could have been prevented in some manner or another with a few simple precautions.

That's because, for example, many of the accidents that led to a person's death were from lax standards and poor leadership, or the simple fact that the company didn't have the proper procedures in place to prevent such a tragedy.

Further, the amount of accidents that occurred in the workplace in 2013 in which the individual was permanently injured and could no longer work, preventable accidents that were caused by workplace negligence, is just as staggering.

Most Common Types of Accidents

According to the BLS and OSHA, there are 10 common workplace situations where most of the infractions and citations take place, all stemming from employer fault. They are:

Fall protection; Hazard communication standard; Scaffolding; Respiratory protection; Electrical; Powered industrial trucks; Ladders; Control of hazardous energy; Electrical systems design; Machinery and Machine Guarding...

If you or a loved one was injured or killed on the job, you should know that you have a legal right to pursue legal action and sue for damages against the employer, even outside of worker's compensation. Some situations where this is true are:

• Being injured by a product that was defective.
• If you were exposed to a potential toxic substance.
• If your injury took place as a result of your employer's misconduct.
• If your employer does not have worker's compensation benefits.
• If you were injured by a third party.

It should be noted, too, that while worker's compensation does provide benefits and money to those who have experienced a workplace injury (though usually very low), they do not pay for aspects of the injury that may include things like pain and suffering. Worker's comp also does not pay out for punitive damages -- aspects of the case that target the employer and punish their negative workplace actions, egregious intentions, or dangerous situations.

How to Proceed with a Workplace Lawsuit

Step 1. Immediately speak to a doctor. It is important that your injury is documented and the degree outlined.

Step 2. Ensure that your employer files your case with worker's compensation. It is their job to do so. Ask for a filed copy.

Step 3. Consult with an attorney who is experienced with workplace injuries. Your rights and your future should be in able hands that can take care of you and the case.

Occupational accidents should never be looked at as something that comes with the job you do. If you are injured at work, stand up for your rights and speak to an attorney. Your ability to work in the future may count on it.

Our readers may have heard about the awful crash that badly injured comedian Tracy Morgan and killed another man in New Jersey last month.

In case you need a refresher, Morgan and several other comedians were returning from a performance at a Delaware casino on June 7 when their vehicle was rear-ended by a semi truck. A 62-year-old man on Morgan's vehicle was killed and Morgan was hospitalized with very serious injuries. For a time, it seemed as though Morgan may have needed to have his leg amputated, although fortunately that did not happen.

Several weeks after the accident, Morgan filed a lawsuit against Walmart, the company for which the semi truck was making a delivery. In the suit, he alleged the driver had been awake for more than 24 hours and was on a 700-mile commute from Georgia to Delaware, a trip that was "unreasonable."

In the lawsuit, Morgan called Walmart's conduct "reckless, willful, wanton and intentional."

The 35-year-old driver of the semi has been charged with death by automobile and assault by automobile. He has pleaded not guilty. Those are criminal charges, meaning they are brought by the state against an individual. Morgan's lawsuit is a civil action, meaning it is brought by one individual against another. It is based in the concept of respondeat superior; in layman's terms, that refers to a lawsuit that holds the party that controls an individual's actions responsible for the individual's conduct. (So, Morgan is alleging that Walmart should not have let the trucker act as he did; had he not, the accident would never have happened.)

As personal injury lawyers, we've followed this story with some interest, because it bears some strong similarities to cases we handle for Indiana clients. If you're interested in learning more about our work, please feel free to contact us.