Workplace Hazards

Workplace hazards are elements within a work environment that pose a serious health risk to employees. These may be chemicals that cause illness, poor management that contributes to dangerous conditions, or defective equipment prone to causing injury. Virtually any industry has workplace hazards. In Kentucky, the industries at greatest risk for occupational industry in 2006 were nursing and residential care facilities, scheduled air transportation, and motor vehicle manufacturing, according to the Kentucky Injury Prevention and Research Center.

The legal team at Frank Jenkins Law Office understands the complexity of injury cases involving workplace hazards. Call us today for help with your claim at 1-800-OUR-LAWYER or contact us via email.

Workplace hazards include: fall risks; machinery with moving parts; falling objects; moving vehicles such as trucks or forklifts; unsafe platforms, ladders or scaffolds; explosions; electrical hazards; and hazardous chemicals.

Hazardous chemicals or other substances can be especially dangerous because workers may not notice or detect the presence of these hidden hazards until after exposure. In 2006, rate of injury and illness caused by pesticides at work was 33 percent higher in Kentucky than the rest of the United States – and most of these chemicals came from cleaning materials. Asbestos, a substance found in many workplaces, can cause a deadly disease up to five decades after exposure.

In some jobs, the risk is particular to the profession. About 5.5 million U.S. health care workers are potentially exposed to hazardous drugs that can cause adverse health effects, including leukemia and other cancers. Even the smallest workplace particles can pose a hazard. According to the Centers for Disease Control, each day about 2,000 U.S. workers have a job-related eye injury that requires medical treatment. Most of those injuries result from small particles or objects striking or irritating the eye.

Equipment malfunctions can also be deadly. A defect in a work site scaffold or in a factory machine can pose serious risks to workers. Some malfunctions represent only minor inconveniences – but others cause very severe consequences, including injury and death. If you are hurt on the job because of an equipment malfunction, you may have grounds for a third-party lawsuit.

Management personnel responsible for overseeing employees in a work environment must maintain certain levels of basic safety – particularly on construction or other high-risk work sites. When managers fail to uphold safety regulations, or ask employees to continue a job despite malfunctioning equipment, they create dangerous conditions with potentially devastating consequences.

If a workplace hazard causes you to suffer serious injury, it’s important to understand your legal rights.  Under Kentucky's workers' compensation laws, you typically cannot sue your employer for an injury related to your job if you are eligible to apply for workers' compensation coverage. However, if your injury was caused by a third party that is not your employer – such as the manufacturer of a piece of defective equipment – then you may have grounds for a lawsuit against that party.

Proving third party liability for your injuries can be complicated, particularly if your injury was caused by faulty equipment. You must be able to establish the existence of a defect in design or manufacturing,  a failure to warn, or inadequate labeling in order to bring a product liability suit against that company.  Typically, expert testimony from professionals in engineering and other technical fields is necessary.

Even if your claim doesn’t involve a third party, simply trying to prove that a workplace hazard caused your injury can be difficult – and can impede your workers’ compensation claim.

The legal team at Frank Jenkins Law Office has helped many Kentuckians injured by workplace hazards and we know how to properly document vital evidence and collect witness statements.

The Frank Jenkins Law Office will conduct a thorough assessment of your case, and review all available options to build a strategy with your best interests in mind. If you don’t know whether your situation requires a lawsuit or legal action, we can provide an initial consultation for FREE to determine if you have a case. We will meet with clients in our office, in the hospital, or at home if necessary.

Your right to justice shouldn’t be compromised because of concerns over payment. We handle most cases on a contingency basis, which means you pay nothing up front and will only pay an attorney fee when we settle or win your case.

If you’ve suffered injuries or illness due to workplace hazards and have legal questions, contact the Frank Jenkins Law Office today at 1-800-OUR-LAWYER or contact us via email.