Injury Claims in Hazardous Work Environments

You expect your work environment to be safe and free from hazards. That isn’t the reality for some Arizona employees. Some employers skirt their legal responsibility to maintain safe conditions for their employees. When that happens, accidents and significant workplace injuries can result. 

At Silkman Law Firm Injury & Accident Lawyer, our personal injury team advocates for injured workers. We focus on helping you manage this challenging time and will pursue maximum compensation for your injuries and losses. Knowing your claim is in capable hands, you can focus on healing without worrying about how to navigate the claims process. 

Were you hurt at work due to unsafe conditions? It’s time to contact an experienced Pheonix personal injury lawyer for help. At Silkman Law Firm Injury & Accident Lawyer, we offer a free case evaluation where we can review your situation and outline your options for recovering compensation for your financial losses. 

What Is a Hazardous Work Environment?

Hazardous working conditions can include any condition that prevents employees from adequately performing their jobs or conditions that pose an unreasonable risk to the health and safety of workers. Federal laws entitle you to a safe working environment. According to the Occupational Safety and Health Administration, some of the most common occupational safety hazards include:

  • Unsafe or defective equipment or machinery
  • Inadequate supervision 
  • Inadequate safety training
  • Lack of access to personal protective equipment 
  • Exposure to chemical hazards, biological hazards, or solvents 
  • Unstable ladders or scaffolding
  • Blocked safety exits 
  • Unsanitary conditions that could lead to infectious diseases

OSHA provides workplace safety standards for all employers, no matter the industry. You have legal rights if you sustain work-related injuries caused by a hazardous workplace. Unfortunately, most workers fail to exercise their legal rights due to fear of retaliation. 

Recognizing Workplace Hazards

How do you assess hazards in your workplace? OSHA has a few recommendations for spotting common workplace hazards, including dangers that may not be obvious, such as health hazards from solvents, chemicals, dust particles, or repetitive motions. 

First, OSHA suggests that you collect existing information about potential hazards in your workplace. That means reviewing safety manuals and company procedures, reading the employee handbook, and examining previous injuries and illnesses records. You can also ask for input from more seasoned employees. When you know more about your workplace, you have a better chance of identifying safety risks and addressing them appropriately. 

Next, inspect your workplace regularly for safety hazards. This process looks different depending on your industry. In construction, that may mean inspecting equipment, machinery, scaffolding, and other tools of the trade for defects, irregularities, or other physical hazards. At a grocery store, that may involve inspecting floors for spills or slip-and-fall hazards and checking the storeroom for unsteady or unbalanced stacks of goods. 

Always inform a supervisor or manager if you if you’ve identified hazards in your workplace. Learn where to find personal protective equipment to keep yourself safe on the job. 

Steps to Take After a Workplace Injury

The steps you take immediately after a work-related injury can significantly impact your health and ability to seek fair compensation. After an accident on the job, take the following precautions to protect yourself: 

  • Report the accident as soon as possible to your manager or supervisor
  • Seek medical attention immediately 
  • Document the incident as thoroughly as possible 
  • Identify potential witnesses to the incident 
  • Keep detailed records of your medical expenses and missed work
  • Consult an experienced personal injury attorney to learn about your legal options
  • Avoid posting on social media until your attorney resolves your claim
  • File a complaint with OSHA 

You may have several options for seeking compensation for your injuries. Discuss your situation with a knowledgeable Phoenix personal injury lawyer to understand your best course of action. 

Should I File Workers’ Comp or a Personal Injury Claim?

Getting the money you need after a workplace accident can be challenging. You may have several options, depending on your situation. One of the most common ways of recovering the money you need for your medical expenses is to file a workers’ compensation claim. The Arizona Workers’ Compensation program is a no-fault insurance system. No matter who is liable for causing the accident, you can receive medical compensation and other benefits. You get the money you need to recover from your injuries, and your employer is protected, in most cases, from lawsuits. 

Arizona law dictates that all public and private employers provide their employees with workers’ compensation coverage if they employ one or more people, either full or part-time. 

Employers must post workers’ compensation information in the workplace for employees to see. Under the workers’ compensation system, you do not need an attorney to represent you. However, the system can be complicated, and it is always in your best interest to consult a Phoenix workers’ compensation attorney who can represent you and build a claim to procure the benefits you deserve.

When a worker accepts workers’ compensation benefits, they are barred from filing a lawsuit against their employer for their injuries. However, there are situations where you may be able to file a personal injury lawsuit seeking compensation for your injuries, lost wages, emotional distress, and other losses. 

If the actions of a third party contributed to the incident, you can hold that party responsible for the harm they caused you. Third-party entities you could potentially sue can include: 

  • Contractors
  • Sub-contractors 
  • Property owner
  • Landlord
  • Parts manufacturer

In rare cases, you may sue your employer directly. 

Common Challenges in Injury Claims

Managing a workplace injury case can be overwhelming and time-consuming. Some of the most common challenges can include: 

  • Proving liability in a third-party injury case
  • Collecting and preserving evidence before it is lost or destroyed 
  • Negotiating with insurers and workers’ compensation teams 
  • Meeting strict legal deadlines 
  • Obtaining your medical records and vital documentation
  • Calculating your financial losses
  • Navigating potential employer retaliation 

The personal injury claims process can be frustrating. You need a Phoenix personal injury attorney to manage your case, walk you through the claim process, and take the burden off your shoulders. 

How Our Phoenix Injury Attorney Can Help

At Silkman Law Firm Injury & Accident Lawyer, we help injured workers by aggressively advocating for those hurt by hazardous conditions. We thoroughly review your situation, identify the best path forward, and manage your claim from start to finish. You can count on effective and responsive legal representation when you work with us. 

Contact our Phoenix office today and request a free case evaluation.