Protect Your Business From Personal Injury Lawsuits
by Neil S. Siskind, Esq.
Business owners have enough on their minds, especially these days. But business owners need to be aware of risks and potential hazards in the workplace that could lead to employee or visitor injuries, and end up costing the business money. This applies even if the business is limited to office space, rather then warehouses or factories. People can be injured anywhere, especially in close quarters with lots of wires, cords, and miscellaneous hardware equipment in the area. On a hassled and harried day in a confined business space, seemingly innocent situations can create hazards for the unwary.
If an employee is hurt on the job, a business is covered by worker’s compensation insurance (or should be, as required by law). If an employee gets hurt or becomes sick because of the work, the employer is required by law to pay for worker’s compensation benefits. Worker’s comp. insurance may provide several benefits depending on the state: medical care, temporary disability, permanent disability, supplemental job placement benefits or vocational rehabilitation benefits.
The worker’s compensation system is a trade-off between employers and employees. Employees are entitles to receive prompt, effective medical treatment for on-the-job-injuries no matter who is at fault and, in return, are prevented from suing their employers over those injuries. But a claim by an employee under his or her employer’s insurance can affect that company’s insurance rates. These days, an insurance company, like any other company, will find any excuse to raise rates and feed their revenue.
Employees are not the only people often found on a businesses' premises. There are customers, salespeople that come up announced and unannounced, independent contractors, buyers, delivery people, and other random visitors that are not covered by the company's worker’s compensation insurance, and who can sue for the full extent of their injuries on the premises. Any liability in this scenario can cost a business or its insurance company (and ultimately the business in the form of a premium increase) a lot of money.
As a business owner, you should take note of:
Loose wires from electronic or computer equipment. Makes sure all wires are safely tucked away or tied with a bind. Makes sure cords are not old and tethered or exposing the underlying wires;
Heated equipment such as computers, portable heaters, coffee makers. Such items should not be unduly hot at anytime such that someone could be burned;
Employees complaining of pain, such as back pain or carpel tunnel. A company should document these things in the company files;
Sharp edges from ceiling trim, computer hardware or other office equipment. Make sure that equipment edges don’t extend into walkways where someone can come around the corner and be stabbed or cut. When this is not possible, signs should be put up. The best idea is to move the item to another location in the office if possible;
Loose carpeting, rugs or welcome mats. These items should be secured or tacked down so that no one slips;
Loose ceiling tiles. Ceiling tiles and lighting should be secured so as not to spontaneously fall on anyone’s head;
Open Windows. Windows on higher floors should not open wider than necessary for air to circulate to prevent falling out from being a risk.
Contractors on the premises who do not have worker’s comp coverage through an employer. Ensure that contractors or subcontractors handling your businesses' work on the premises have worker’s comp. under their own employer's company.
Excess driving by employees. Minimize driving task of your employees, as many accidents happen while driving.
Excessive lifting of heavy items by employees. Be careful to match any physical task with the physical capacity of the employee you have handling it. Minimize physical labor when possible.
While on a day to day basis, a hazard may seem small and all employees may know of it, it is in the course of business when people’s minds are in other places that they can get hurt- and cost you money. Moreover, you can never be sure, especially in a more populated area or a larger office, when a sales call or customer may come to your office or a delivery may be made to your office. Any such person who is injured on your premises may be entitled to sue to the fullest extent of their injury.
