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You are here: Home / Law / How Negligence Causes Most Workplace Deaths (and What to Do About It)

How Negligence Causes Most Workplace Deaths (and What to Do About It)

February 23, 2024 by Jovica Radulovic

Most people would be willing to admit that workplace safety is important, but during work, external pressure and a false sense of security may motivate you to become more lax about safety standards and regulations.

Unfortunately, even a modest level of negligence can lead to workplace deaths. But how? And what can you do about it?

What to Do If Someone Is Hurt or Killed in the Workplace

Team paramedic firs aid accident on road. Ambulance emergency service.
Source: workcare.com

First, it’s important to know what to do when someone is hurt or killed in the workplace.

  • Get emergency assistance. Your immediate priority is to call for emergency assistance. Get medical care on the scene to treat the wounded party.
  • Clear the area to prevent further harm. At the same time, ideally, clear the area and cease current operations to prevent any further harm. If a hazard was responsible for this incident, eliminate or address that hazard.
  • File a report. In most cases, you’ll be required to file a report on the accident. Be honest and clear in this official report, as it may be referenced in any future legal action.
  • Gather evidence. Additionally, consider gathering evidence. Take photos and videos, talk to others, and keep thorough notes on exactly what went down.
  • Contact a lawyer. Depending on the incident, it may be prudent to hire a wrongful death lawyer and/or a personal injury lawyer. Your lawyer can help you determine whether it makes sense to sue your employer (or the employer of your loved one) for compensation.
  • Consider workers’ compensation. Depending on what your lawyer says, it may or may not be a good idea to file a workers’ compensation claim.

How Negligence Leads to Workplace Deaths

Negligence, legally speaking, is “a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances.” Essentially, that means a party took an inappropriate action that led to harm or failed to take an expected, necessary action, eventually leading to harm.

Employers are expected to maintain safe, reasonable workplaces for their employees. Accordingly, there are many areas of negligence that can eventually lead to a workplace death.

  • Hiring. Employers are expected to be cautious and reasonable when hiring people. If they hire someone knowing they are dangerous or that they have a history of negligent actions, the employer may be considered negligent.
  • Retention. Similarly, if an employee demonstrates incompetence or failure to follow safety rules consistently, the employer has a responsibility to terminate that employee or guide them through disciplinary action to more appropriate behavior.
  • Supervision. Supervisors in the workplace are responsible for maintaining a safe environment and taking action if an employee acts irresponsibly. If they could reasonably intervene and don’t, they could be considered negligent.
  • Training. Employees should be given education and training so they know how to do their jobs safely and appropriately. Failure to do this could be considered negligent.
  • Safety and resources. Additionally, employers are responsible for providing resources and safety equipment in certain situations. For example, if an employer fails to provide guardrails for a dangerous edge, and an employee falls off that edge, the employer could be held responsible.
How Negligence Leads to Workplace Deaths
Source: fool.com

Making Improvements to Workplace Safety

If you’re interested in making improvements to safety in your workplace, you should do the following:

  • Review legal requirements. OSHA maintains and oversees safety laws and regulations relevant to employers. Make sure you’re familiar with all laws and regulations that apply to your business and remain compliant with them.
  • Start with the culture. It’s much easier to maintain a safe workplace environment if you have a culture that promotes and takes safety seriously. This way, everyone makes safety their top priority and collaborates to minimize the risks of injury and death.
  • Foster safety conscious leadership. Employees tend to follow the examples set by their leaders, whether they mean to or not. Fostering leaders who are safety conscious and risk-averse is an important step to a safer workplace.
  • Encourage open communication and reporting. Maintain an open, transparent environment. If any supervisors or employees act in negligent ways, witnesses should feel comfortable and motivated to file a report about it.
  • Enact disciplinary action when necessary. If anyone in your organization violates safety policies or puts someone else in danger (intentionally or unintentionally), it’s important to take disciplinary action.
  • Reward safety policy adherence. Similarly, it’s valuable to reward and praise employees who follow safety guidelines consistently.
  • Periodically review and improve. Finally, make it a point to periodically review all your safety measures and policies. Chances are, you’ll find at least one item that could be improved.

Conclusion

Preventing Workplace Deaths
Source: texasmedicalinstitute.com

Negligence is frighteningly common despite all the laws, regulations, and limitations that employers face. Fortunately, it doesn’t take much time, money, or effort to make drastic safety improvements to your workplace environment.

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