When you miss time from work due to an injury, you may not always get access to workers’ compensation right away. In some cases, a professional lawyer will need to take on your case, prove the injury occurred at work, and that the company you worked for is at fault.
Along with incidents on work property or in work vehicles, a lawyer could find that poor maintenance led to your injury and seek compensation for the injuries and time lost at work. Check out some of the common ways poor maintenance could lead to injuries and why a company would most likely be at fault for those injuries.
Basic floor care can ensure that employees can walk to their desks and go to different areas of a business without any hassle. On carpeted floors, torn pieces of carpet, carpet that's been pushed up, or loose carpet can all be trip hazards for employees. On tile floors, loose, chipped, or missing tiles can create trip hazards.
When floor damage does occur, a company needs to repair the floors within a reasonable amount of time to protect employees. Pictures, videos, and statements from other employees can provide proof of the condition of the flooring.
A typical employee break room will include appliances like a coffee maker, refrigerator, and microwave. While a majority of the time, those appliances will work fine, malfunctions and issues may occur, especially as the appliances age. For example, an old coffee pot could suddenly burst and cause burns as you brew a pot.
A microwave or a refrigerator could malfunction and cause an electric shock. A lawyer could look into the age of the appliance, any issues that have occurred before, and whether the company was ever informed of the issues. Along with workers’ compensation, a lawyer may seek a product liability settlement for your injuries.
If you work in an office building, you may find you have to travel on stairs or an elevator on a daily basis to access certain floors. As an employee, you expect those areas to provide safe ways to go around the building. Improper elevator maintenance could lead to possible injuries.
For example, a door could malfunction and injure you. An unstable elevator could cause you to fall or slam into walls. The elevator may get stuck, which could lead to both injuries and emotional trauma.
If you choose to take stairs, you could run into similar issues. For example, a loose railing could cause you to lose balance or fall. Broken stairs could cause falls too.
A lawyer will see the conditions of these areas and seek proper workers’ compensation on your behalf.
When you encounter poor weather on a workday, you expect your company to provide a safe work environment. In some cases large rain puddles and other hazards could lead to slip and fall accidents. A lawyer will look into proper weather maintenance at your company and what was done to prevent accidents.
For example, maintenance workers may have not cleared proper pathways for you to access the building. The overgrowth of plants and shrubs could block paths if proper landscaping was not done to maintain the property. All of these elements could have a direct impact on your case and help you receive compensation for any injuries you sustained.
If you work in a traditional office, the office will typically supply the furniture for your personal office and meeting spaces. Wear and tear could degrade office items like desks, chairs, and tables. For example, a chair could jam up or tip over when it malfunctions. Without regular replacement and maintenance of the furniture, you could be at risk for an injury.
Company receipts and information can showcase when chairs were last replaced and if any problems with furniture was reported in the past.
An office flood doesn't need to be a catastrophic event. Something as simple as a toilet leak could create standing water that presents dangers to employees. You could easily slip in a flooded area and suffer from injuries. A lawyer will seek out the cause of the flood. For example, poor upkeep of the building's plumbing could lead to flood issues and injuries.
Along with floods, emergencies like fires could lead to injuries. Your injuries may worsen if a building does not have proper fire prevention maintenance. For example, you may try to put out a small fire with an extinguisher that has expired. The extinguisher may not work properly. A company's fire exit maps that have faded over time and not showcase the proper escape route.
Little maintenance items can make a big difference and impact how severe your injuries actually are in the event of a fire.
If you've been injured in a workplace mishap, then contact us at the Law Offices of David A. Helfand, P.A. We will first ensure that you receive proper workers’ comp and then move forward with additional personal injury claims if needed. We have years of experience and will dive deep in your injury case.
Medical Malpractice - necessary surgery done in negligent manner resulting in lacerated intestine. $800,000.00 – settlement against Surgeon and Hospital.
Medical Malpractice - Misdiagnosed cardiac condition due to negligent study and reporting of diagnostic cardiac test resulting in death of 50-year-old woman - $3,000,000.00 settlement against Hospital and Cardiac radiologist
Medical Malpractice – Administration of medication and failure to recognize side effects causing brain injury – $2.3 million settlement against Hospital and Attending Physician.
Truck Accident – Truck made illegal U-turn at night without proper safety equipment to warn motorists resulting in collision, causing brain injury to oncoming motorist - $2,350,000.00
Uninsured Motorist Claim / Auto Accident – underinsured vehicle rear ended plaintiff, back and shoulder injuries, requiring surgery - $558,000.00 settlement against uninsured motorist insurance company.
Supermarket Slip and Fall – Plaintiff slipped on dropped fruit on floor, causing plaintiff to slip and fall resulting in shoulder and back surgery - $450,000.00
Supermarket Slip and Fall on Water – captured on store security system- knee injury -$125,000.00 settlement against supermarket
Near Drowning – At Hotel pool that failed to have property safety lines in pool and no lifeguard - $340,000.00 settlement with hotel
Workers Compensation Case
– Worker fell off roof while working, sustaining catastrophic back injuries – all employers denied compensability - $2,000,000.00 Global Settlement
Workers’ Compensation Case - Dock Worker injured at work when delivery truck was not properly braked to the dock. Workers compensation settlement and settlement against truck company - confidential settlements
Negligence – Negligent supervision at school resulting in injured eye to student due to lack of supervision, Confidential settlement.
Premise Liability – household guest burned by fire when homeowner spilled hot oil on guest while cooking- $300,000.00 settlement with Homeowner’s Insurance Company.
Slip and Fall – on wet floor in restaurant bathroom resulting in fractured ankle- $325,000.00 Jury Verdict.