Workplace Accidents

Workplace Accidents

Too often, the victims of workplace accidents are often left with injuries that keep them out of work for either a significant period of time or permanently, through no fault of their own. Serious workplace injuries caused by industrial accidents can happen when supervisors and workers are given inadequate training, when fatigue and occupational hazards interfere with safety, or when industrial tools are dangerous or defective.

You may have grounds to file a workplace injury claim if your job or the accident in which you were involved makes a preexisting condition, disability, or injury worse. Due to the severe nature of many on-the-job injuries, workplace accidents are often the subject of personal injury lawsuits and litigation.

If you have suffered a debilitating injury in a workplace accident that harms your ability to provide for your family, you need the help of an experienced workers’ compensation attorney. Clark | von Plonski | Anderson has the knowledge and expertise to help you navigate the complexities of your case.

Unsafe Working Conditions and Lack of Employee Training Can Lead to Severe Consequences

Warehouse accidents, forklift injuries, and workplace negligence can lead to catastrophic outcomes.

Employers have a legal duty to:

• Properly train and certify equipment operators
• Enforce workplace safety protocols
• Maintain safe working environments 

When these responsibilities are ignored, the public pays the price.

Warehouse injury claims often involve:

• Lack of operator training or certification 
• Poor supervision 
• Unsafe work environments 
• Failure to follow OSHA safety standards 

Companies face serious liability when safety is compromised. Workplace injuries involving heavy machinery are often preventable—and when negligence is involved, injured workers have the right to pursue compensation.

The Necessary Use Exception: The Exception to Open-and-Obvious Dangers for Workplace Injuries and Premise Cases

In most premise cases, attorneys are always concerned with the “open and obvious” doctrine. Under this defense, the Defendant may assert as a defense that the hazard which caused the Plaintiff’s injury was so obvious and discoverable that a reasonable person would have avoided the hazard and would not have sustained the injury. 

However, under the Necessary Use Exception, the Plaintiff’s awareness of the risk does NOT relieve the duty of the Defendant to make the premises safe.