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Workplace Accident Lawsuits

Every year around the country, unsafe work environments result in workplace accidents. It is far too common to hear reports of failure of employers to maintain equipment, provide safety equipment, and provide proper training.

When employees are involved in workplace accidents, it is easy to shift the blame, though it is possible that the employee never received adequate safety training or even has the credentials necessary to perform their job in a safe manner.

Poorly trained employees can pose a danger to themselves and other workers at a company. There are several ways in which workplace training can improve performance and reduce the risk of injury. Employers have a responsibility to protect their workers through constant training processes.

If management fails to train employees or provide safety equipment, they may be in violation of U.S. Occupational Safety and Health Administration (OSHA) standards, and may be liable for any injury that occurs during the workday.

Joe Lyon is a highly-rated workplace injury attorney representing plaintiffs nationwide in a wide variety of labor violation cases involving workplace accidents.

Workplace Accident Causes

Workplace accidents are a unfortunately a daily occurrence, and numerous work site hazards may play a role in worker injuries sustained in Ohio and across the country. The Occupational Safety and Health Administration (OSHA) has set forth regulations for employers, encouraging safe work practices and safe work environments.

However, all too often, companies and management are negligent and fail to provide workers with a safe workplace. Supervisors and foremen can be too lax about workplace safety and fail to train workers about the hazards of jobs in certain industries. Worker fatigue is also a common culprit in workplace accidents, when overtime and long hours add up.

Employers regularly underestimate the dangers of certain work sites, and often fail to provide workers with the proper safety gear and protective equipment. Should an employer not provide a worker with all the safety gear mandated by OSHA regulations, an injured worker may file a negligence claim against the responsible party and recover damages for lost wages, pain and suffering, medical expenses and long-term disability.

Improper Employee Training

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthful workplace. It is part of the OSHA’s mission is to ensure no person should ever have to be injured, become ill, or die for a paycheck.

The same OSHA law gives employees the right to file whistleblower claims when an unsafe work environment leads to accidents and injuries. Employees are protected from retaliation and wrongful termination.

To make sure American workers have the right to a safe work environment, and to prevent factory accidents, proper training must include the following:

  • Adequate protective equipment—goggles, masks, gloves, ear protection
  • Certified forklift and hand truck training
  • Training on flammable liquids
  • Training on toxic substances in the workplace
  • Asbestos training (if on premises)
  • Proper warning signage
  • Electrical safety training
  • Ventilation standards

Common Training Failures

  1. Unqualified Employees: Job training is crucial, and employers are often at fault for leaving new hires to figure out daily tasks on their own. This lazy approach can be dangerous and increases the risk of a workplace accident. Also, keeping workers with a poor safety record on staff could be negligent in the event of an accident.
  2. Unknown Safety Procedures & Protocols: Many jobs that involve the use of machinery and heavy equipment can be inherently dangerous. However, educating employees on the proper ways to limit safety risks and to respond in an emergency will greatly reduce the chance of accident and injury.
  3. Lack of Supervision: Particularly for new employees, it is important for management and supervisors to remain vigilant to correct any behavior that may risk the health or well-being of all workers.
  4. Employees Uninformed of Safety Risks: For the benefit of the company and all workers, employees require detailed information on the risks of slip and fall accidents, fire evacuation, toxic materials, robotic machines, confined spaces,  flammable liquids, electrocution hazards, asbestos materials, and vehicle procedures.
  5. Failure to Keep Accurate Training Records: Employers have a duty to keep records training and qualifications their employees. This will helps employers use their resources effectively by providing training to those who need it. Often times, employees require new certifications to operate forklifts and other machinery.
  6. Employees Not Provided with Safe Task Equipment: a worker who is injured by lifting very heavy objects may have a claim against an employer for not providing equipment to assist them in this task. If a worker is injured handling dangerous chemicals without being issued proper safety gear, they may also have a claim.
  7. Unsafe Scaffolding & Defective Harnesses: Construction sites are some of the most dangerous work sites for employees year after year, and many accidents occur due to defective scaffolding and harness defects.

Industries Associated with Accidents

Workers across the country suffer serious injuries on a daily basis, the majority resulting from accidents that are considered preventable. Negligent management and poor training contribute to thousands of workplace injuries each year, and companies may be held liable in many cases.

According to the Occupational Safety and Health Administration (OSHA), there were 164 fatal occupational injuries in the year ending 2016, and thousands of other severe, debilitating injuries in various industries throughout Ohio.

Workplace Accident Lawsuits

When workplace accidents occur, it is common for the victim and employer to assign blame to one another. The injured worker can be blamed for not being careful, and the employer is accused of not providing a safe work environment.

Because these situations can be complicated, it is advisable to seek out legal assistance. The Lyon Firm can investigate the causes of a workplace accident and injury, and work toward filing successful claims against negligent employers.

The Lyon Firm has experience investigating workplace injury cases, with the help of industry experts, engineers, workplace injury lawyer, and OSHA staff to determine the root cause of industrial accidents to build a strong case for injured victims and their families.

Injured victims are encouraged to preserve evidence, photographs, medical records and refrain from sharing related information on social media.

photo of attorney Joe Lyon reviewing workplace accidents
A Voice for Those who have suffered 

Why are these cases important?

Serious injuries and accidents often result through no fault of the injured party, yet the injured victim suffers from life altering physical, mental and financial losses. Such economic and human losses can have devastating financial consequences on individuals and families if not properly compensated. Tort law allows those individuals to seek just legal recourse through personal injury lawsuits.

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Questions about Workplace Accident Cases
What is a Personal Injury Lawsuit?

Any kind of negligence by an individual or company that causes injury or harm can lead to filing a personal injury lawsuit. The amount a plaintiff is entitled to depends on several factors, particularly how egregious the act and how serious the injury.

Personal injury attorneys generally only will take cases on a confidential and contingency fee basis, which means your lawyer will only get paid if he or she is able to reach a settlement or positive verdict. The Lyon Firm will review your case for free and assess what compensation any plaintiff can expect through litigation.

Personal Injury cases can range from minor auto accidents to complex lawsuits filed against large corporations. The Lyon Firm has handled both with equal care. Severe injury requires legal action on occasion, no matter if the injury is the result of a vehicle accident, a dog bite, a boating accident, workplace injury, defective consumer products, medical malpractice, or toxic exposure.

What is the Process?

Pre-Suit Investigation and Negotiations: Personal injury lawsuits are unique and require a thorough investigation before a lawsuit is filed. An initial investigation involves gathering all relevant medical records, accident reports, and interviews with available witnesses.  Preservation letters are drafted to notify the defendant of the case. The duty to preserve electronic evidence is critical in most cases to prevent spoliation.

Filing a Lawsuit in Cincinnati: If pre-suit negotiations are unsuccessful, then a lawsuit must be filed to preserve the statute of limitations.  Filing a lawsuit early in the process is often necessary to begin gathering evidence while the witnesses memories are fresh and documents remain available.

Once suit is filed by your personal injury lawyer, the court will set a case management schedule and the parties will begin exchanging information in the formal process of discovery. Depositions will be taken to preserve testimony for trial and to understand what certain witnesses are likely to say at trial.

Proving Negligence, Causation and Damages: In addition to lay witness testimony and other documentary evidence, personal injury claims rely upon medical and scientific evidence to prove negligence, causation and damages. The chosen expert in a case must have a reliable and sound basis in science and in the facts of the case or his opinion may not be admissible under the rules of evidence.

In the areas of Toxic and Environmental Torts, the admission of expert testimony may be scrutinized harder than in other areas simply because the subject may not have been as widely tested and may rest on novel scientific theories.

Are there any limits to what I can recover?

Each state will vary. Under Ohio law, an injured party may recover damages related to medical expenses, lost wages, property damage, loss of enjoyment of life, past pain and suffering, future pain and suffering, and punitive damages. The numerical limits are as such:

  1. Non-Catastrophic Injury:   The non-economic award is limited to $250,000 per plaintiff, or three times the economic loss, up to $350,000 per plaintiff. A maximum of $500,000 for each “occurrence.”
  2. Catastrophic Injury: No limits.

The Lyon Firm may be able to file injury claims and recover rightful compensation for clients for medical expenses, pain and suffering, lost earnings and long-term disability.

Why should I hire The Lyon Firm?

Our Firm will help you find the answers.  The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered. 

Experience:  Joe Lyon is an experienced Cincinnati Personal Injury Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters.  Personal Injury lawsuits can be complex and require industry experts to determine the root cause of an accident or injury. Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.

Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.

Results: Mr. Lyon has obtained numerous seven and six figure results.