When a workplace injury leaves an individual with expensive medical bills and impacts their ability to earn a living, what options might they have for recourse?

Workers’ compensation and employer-caused injuries

Workers’ compensation is the catch-all safety net for workplace injuries. In most cases, how the injury occurred does not matter; workers’ comp will generally provide an opportunity to receive financial relief.

This includes injuries suffered as a result of an employer’s negligence. If you were injured because your direct employer did not provide proper safety training, for example, or neglected to ensure the work site was free from hazards, you have to seek compensation through the workers’ comp system.

This can put injured employees in a difficult spot. Workers’ compensation often doesn’t provide a complete paycheck and may not fully cover the financial impact of serious injuries. The law, however, generally does not allow an employee to sue their employer directly in order to make up this gap.

When a third-party action may be possible

If the negligent actions of a third party, such as a subcontractor, caused the workplace injury, then the victim can consider a third-party action. This is a personal injury lawsuit you would file against the responsible third party, allowing you to pursue full compensation for the harm.

On a construction site, for example, this might include:

• The manufacturer of faulty equipment
• A subcontractor that improperly erects scaffolding
• A separate contractor that does not provide their workers safety training
• A site supervisor that fails to check the stability of a trench
• A subcontractor that does not secure debris during high winds

A successful third-party claim requires demonstrating that hazardous conditions caused the injury, and that the third party had control over those hazardous conditions and should have recognized they were dangerous. One thing to note: If you have a successful third-party action, you will likely need to reimburse any workers’ compensation you had been awarded for the incident.

Every workplace injury is different. Some will require making a claim through workers’ compensation, while others may be best suited for a third-party lawsuit. The most important thing is that an injured worker gets the financial support rightfully owed to them.

The post What’s the Difference Between Workers’ Comp and a Third-Party Claim appeared first on Campbell & Associates.

1. Parking lot security – Security in parking lots could include multiple things such as cameras, good lighting, emergency phones and security guards either patrolling the lot or offering to escort people to their cars.
2. Poor lighting – This goes along with security issues. Poor lighting could be an invitation to criminals that this location would be great for targeting unsuspecting victims walking back to their cars in a dark parking lot at a store or a college campus. Good lighting could deter criminals who don’t want to be seen or easily identified.
3. Construction projects – An onsite project must have ample safety measures in place to prevent people from tripping on materials, falling into dug holes or being injured by equipment. Prevention measures the property owners could have in place include warning signs, barriers, cones and other types of barricades to warn people and keep them clear of unsafe areas.
4. Messes not cleaned up – If a business has broken glass, potholes, or nail sticking out of wood, just to name a few examples, they could be held liable if one of these messes causes someone injury. The property owner has a duty of care to keep that property in safe condition for people to walk through it.

Businesses are responsible for offering a safe environment for patrons and employees anywhere on the premises, even in the parking lot.

The post Top Parking Lot Hazards Where Businesses Are Held Liable appeared first on Campbell & Associates.

What is an attractive nuisance?

An attractive nuisance is an insurance term meaning something on someone’s property that may attract kids but could ultimately harm them. Being aware of potential attractive nuisances on your property can keep everyone safe and keep you from being sued. Here are some of the top nuisances:

• Things with water such as a swimming pool, a well, or a man-made fountain
• Animals, including pets who may see interlopers as a threat
• Potential weapons, including archery sets and lawn darts
• Things you can climb on such as ladders, scaffolding, farm machinery, stairs, paths, roofs.
• Things you can climb in such as boxes, ditches, cellars
• Construction projects like a home remodel
• Things that are not well maintained, such as broken stairs, gates or glass windows.

How can an attractive nuisance get you into trouble?

If you were aware of the potential for children in your neighborhood or area to come onto your land and explore, you need to take precautions to alert them of dangers.

1. Talk with neighbors and explain your concerns.
2. Post a sign warning people of a not-so-friendly dog or other hazard.
3. Use your garage or shed to keep the dangerous item out of harm’s way.
4. Get rid of things you aren’t using that could potentially pose a hazard to others.
5. Keep your property in good repair to prevent potential dangers.

Taking precautions to keep kids in your area safe not only gives you peace of mind, but it also creates for more peaceful and happy neighborhoods in which to live.

The post When Are You Liable for Injuries on Your Property? appeared first on Campbell & Associates.

Falls are the single most common cause of traumatic brain injury. More than 95% of hip fractures are caused by falls. Other common injuries include broken wrists, arms and ankles, any of which can be painful and serious.

Did you know that falling once doubles your chances of falling again? Part of the reason is that many older people become so fearful of falling that they give up their everyday activities, but becoming less active can actually increase your chances of a fall.

If you have an older person living in your home or visiting frequently, you need to plan for preventing falls. The good news is that many falls are preventable. Unfortunately, some people are negligent and don’t take the appropriate steps for preventing a fall. That could lead to a premises liability claim.

Don’t let your friend or loved one be injured unnecessarily. Take appropriate steps today to prevent falls in your home.

Understanding the risk factors

Older people are both prone to falling more often and also more prone to injury. Every older person should assess their risk factors and take steps to reduce them. Examples include:

• Vision problems
• Inappropriate footwear
• Difficulty walking or with balance
• Lower body weakness
• Vitamin D deficiency
• Medication side effects, such as with tranquilizers, sedatives and anti-depressants

These risk factors can add up, so it’s important to get the person’s eyes checked, evaluate all medications and work on strength and balance.

Other risk factors can be controlled by homeowners. Here are some tips:

• Get rid of any throw rugs or floor coverings that aren’t tacked down
• Avoid clutter of any kind
• Fix any broken or uneven steps – even small differences in pavement can trip people
• Make sure all your stairs have railings on both sides
• Increase the light in your rooms
• Add grab bars inside and just outside your tub and shower

If your friend or loved one does fall, call for help even if they don’t feel they are injured. Injuries can be more serious than they first appear, especially in older people.

The post How to reduce the risk of an older person falling in your home appeared first on Campbell & Associates.