Fiction Causes Worker Injuries

Bob Carroll
Bob Carroll
Contributor
Posted by Bob CarrollOctober 09, 2005 4:07 PM

There are fictions that cause injuries to workers. The Business Gazette tells us that managers are unintentionally flouting basic laws designed to keep employees safe and well at work. Why? Because of commonly held misconceptions over their safety responsibilities. Inadequate compensation, however, is not a fiction.

From England comes a list of fictions that cause injuries to workers. The Business Gazette tells us that managers are unintentionally flouting basic laws designed to keep employees safe and well at work. Why? Because of commonly held misconceptions over their safety responsibilities.

Fiction: Health & safety is just common sense...Fact: Common sense is usually enough to keep us relatively safe in our day-to-day lives, but the hazards we face at work can be far trickier and the consequences more severe...

Fiction: Complying with health & safety law costs employers money...Fact: There is a strong argument that investing in health and safety will actually save money in the long run...

Fiction: It’s easier for employers not to report accidents...Fact: ... employers have a legal duty to report certain accidents.

Fiction: The employer must provide personal protective equipment (PPE), but the employee can choose not to use it...Fact: Employers are responsible for the safety of their employees and others and... they must enforce the use of and properly maintain PPE. Employees cannot ‘opt out’ of using PPE and employers can be held responsible should injury occur through failure to enforce its use...

The article catelogs other fictions that apply equally in the US. What is definitely not a fiction is the terrible impact of worksite injuries upon the injured employees and their families. And, the inadequacy of the compensation actually provided under the Workers' Compensation Statutes of the State of Florida.

Due to the lack of full and fair compensation under the statutory structure in Florida it is critical that every significant workplace injury be carefully reviewed by an experienced attorney seeking a basis for a third party liability claim. Florida law permits an injured worker to receive workers' compensation benefits and to pursue a separate civil action against any person or entity with legal responsibility other than the employer. Potential third parties who may be legally liable include machine manufacturers, vehicle operators, contractors and medical providers.

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