Category Archives: Workers Compensation

Kansas Personal Injury Accident Attorney Describes the Assumption of Risk Doctrine in Connection with Pokémon Go!

Unless you do not have any contact with children and have been living off of the grid for the past few months, you are likely familiar with the new Pokémon Go! app that has children and the young at heart excited about exercising. For those unfamiliar with the program, Pokémon Go! is an app downloadable to a smart phone that immerses user in a sort of digital fantasy world:

  1. The object is to find and locate digital monsters called Pokémon;
  2. These monsters are (according to the game’s premise) hiding in plain sight in our own world;
  3. Through the Pokémon Go! app, you are able to find and see these monsters (the app essentially takes the real world you see through your phone’s camera feature and overlays it with the information from the Pokémon fantasy world);
  4. Once you find them, you must capture them using digital, fantasy tools contained in the app.

The game has been a huge success so far, but has also been linked to some serious personal injury accidents in which pedestrians and motorists harmed themselves and/or others by paying more attention to the app than their surroundings. The Pokémon Go! app warns users about the dangers of trying to play the game while walking or driving and advises that players use the game at their own risk. Is this sufficient to alleviate the developers of Pokémon Go! from liability for the injuries of players and others injured on account of the game?

Assumption of Risk Doctrine Generally

A personal injury doctrine called the “assumption of risk” doctrine may provide some protections to the developers. This doctrine holds that a participant of an activity who is aware of the activity’s dangers and chooses to participate in the activity in spite of these dangers “assumes the risk” that he or she will be injured or killed. This doctrine is invoked frequently when amateur sportsmen and sportswomen undertake a new activity like rock climbing, whitewater rafting, or jet-skiing. In most states, an injury victim who “assumes the risk” from a defendant and who is thereafter injured in the activity is not able to sue the defendant-business or defendant-individual.

Kansas and the Assumption of Risk Doctrine

Some may claim that users and players “assume the risks” associated with the game by agreeing by the terms and conditions of the game (players must accept these terms and conditions when initiating the game, otherwise they will not be able to play the game). Suppose a lawsuit is initiated in Kansas against the developers of the Pokémon Go! game after an adult walks into traffic while playing the game. The adult alleges that the game developers were negligent in not putting additional warnings or safety features into the game, while the developers allege that the adult “assumed the risk” of injury by accepting the terms and conditions of the game.

If such a case were to be decided according to Kansas law, the defendants’ assertion of the assumption of risk doctrine would be ineffective. This is because the Kansas Supreme Court struck down the doctrine in 2014. Instead, the Kansas Supreme Court held that any “assumption of risk” plays into the court’s general comparative fault scheme. Any knowledge or assumption of risk by the injury victim will be considered along with all other factors in determining who is primarily at fault in causing the crash.

Michael R. Lawless is a Kansas City Personal Injury Attorney.  Contact his office at (800) 734-3771.

 

Falls on the Jobsite in Kansas

Over 260,000 individuals across the U.S. will experience a fall on the job that requires time off work. Close to 1,000 employees will die in fatal falls in America. In Kansas, hundreds of work related falls are reported to the workers’ compensation board annually. Some of the most common falls include falling off non-moving motor vehicles and ladders. Over 100 employees die after falling off ladders each year and more than 60 perish from falling off non-moving vehicles.

Dangerous Occupations

            Falls can happen in nearly any workplace, but employees in certain occupations are at a greater risk of serious falls. The vast majority of workplace falls occur in the fields of:

  • Farming
  • Forestry
  • Fishing occupations
  • Construction laborers
  • Carpenters
  • Miners
  • Roofers
  • Structural metal workers
  • Construction supervisors

Studies show the majority of fall related deaths and injuries, some 50%, happen in the construction industry. This can be attributed to the fact that so many construction workers must perform tasks at high elevations, involving ladders and scaffolding. Further, the construction industry is generally fast paced and tough deadlines are enforced. Many temporary or seasonal workers are employed, who may or may not be properly trained.

Types of Work Related Falls

            Many different types of falls can occur on the jobsite. Some of the most common causes of falls while at work include:

  • Falls from ladders
  • Falls from one level to another, i.e. from the roof, down the steps or stairs, from building girders or structural steel, or from trees
  • Falls from scaffolding, staging
  • Falls on the same level
  • From nonmoving vehicles

Injuries Stemming from Falls

            An employee’s injuries will depend greatly on the cause of the fall and individual circumstances. Some of the most common injuries sustained in a fall include:

  • Head injury
  • Brain injury
  • Neck and back injury
  • Broken limbs
  • Spinal cord injury
  • Internal organ damage
  • Death

Obtaining Workers’ Compensation Benefits for Fall Injuries

            In the state of Kansas, nearly all public and private employers are required to carry workers’ compensation insurance. Employees who are injured in a fall will generally be eligible for workers’ compensation benefits so long as they can show the injury arose in the course and scope of employment. Further, the employee must notify the supervisor of the accident and their injuries must be severe enough to require either medical attention or time off work.

Workers’ compensation benefits can include: payment for medical bills, prescription drug costs, rehabilitation, wage replacement, mileage reimbursement, and more.

Contact Kansas City Workers’ Compensation Attorney Michael R. Lawless Today for a Free Consultation

Workers’ compensation claims can be complex and stressful. Those injured in falls on the job may experience uncertainty as to whether they should file a workers’ compensation claim. It is important that any injured worker fully understand their rights and obligations that are attached to filing a workers’ compensation claim before actually deciding to file a claim.  To better understand what to expect, and what you might receive after filing a workers’ compensation claim, you should consult with a Kansas workers’ compensation attorney right away.  Kansas workers’ compensation attorney Michael R. Lawless of Michael R. Lawless, PA, devotes his practice to helping injured clients get back on their feet.  To schedule a free consultation with Michael R. Lawless, contact our office today by calling locally at (913) 681-5566, or you may call us toll-free at (800) 734-3771.  You may also contact us online and we will respond to your inquiry as soon as possible.

Kansas Workers’ Compensation – What If I Can’t Return to Work?

Most Kansas workers are able to receive the medical treatment that they need in order to return to work after going through the workers’ compensation process. Whether the employee has suffered a back injury, broken bones, head or neck injury, or perhaps a serious illness, there is a chance of a full recovery, but there is also a chance that the employee may not be able to work in the same job field at the same intensity. It is always unfortunate when an employee must adapt his or her future employment because of a previous workplace injury.

For example, if your employment requires you to operate a vehicle on a regular basis, and you suffer an injury that prevents you from operating a vehicle in the same way, you would need to find suitable employment to accommodate the aftermath of your workplace injury. If you are able to return to work, but the type of employment is different, workers’ compensation provides a way to help you find a suitable job.

However, if you are unable to return to any type of employment due to your workplace injury, you may be entitled to permanent disability assistance. In such cases, it is essential that you consult with a Kansas workers’ compensation attorney who can explain to you what the potential consequences are of not being able to return to work, and what types of disability benefits you may qualify for.

How Will I Know If I Can’t Return to Work?

As part of filing a workers’ compensation claim, you will have to be examined by an independent physician to determine in what way your injuries were suffered while on the job, the severity of your injuries, and the likelihood that you will be able to return to work. If you have been told by a physician that you cannot return to the same job, you will have to determine if there is other work you can take on that will not harm your current physical condition.

For example, as described above, if you are not able to operate a vehicle following a workplace injury, and this is a key function of your employment, you may consider what other types of jobs that you and your physician believe would be suitable for your current physical condition. Perhaps you could have a desk job or other sedentary job that does not require you to do any physical activity that will make your condition worse.

However, if there simply is no type of employment that you or your physician believe will be suitable for you, disability benefits might be the only logical option. With such benefits, the approval process may be difficult as you will have to provide a substantial amount of documentation to prove that you are unable to work, including your medical records and a physician’s determination that there is simply no type of employment that will accommodate your prior workplace injury. 

Contact Kansas City Workers’ Compensation Attorney Michael R. Lawless Today to Schedule a Free Consultation

If you have filed a workers’ compensation claim, or are planning to file a workers’ compensation claim, it is important that you fully understand what your options are after you have received the compensation you deserve for your workplace injury. Michael R. Lawless is a Kansas City workers’ compensation attorney with more than 27 years of experience advocating for his clients’ rights to receive compensation for injuries they have suffered while on the job. To speak with Michael R. Lawless about your workplace injury, contact Michael R. Lawless, PA today by calling  (913) 681-5566, or toll-free at (800) 734-3771, to schedule your free consultation. You can also contact us online and we will contact you right away to discuss your potential case.

Kansas Workers’ Compensation – Employee v. Independent Contractor

Being injured or becoming ill while on the job causes an enormous amount of pain, stress, and financial responsibility. Kansas law requires most employers to provide workers’ compensation coverage for their employees. However, if you are classified as an “independent contractor,” you may not be entitled to workers’ compensation benefits should you be injured or become ill in the course of your employment. For example, if a painting company hire a worker only on a contract basis (i.e., for a particular project), and that worker is injured while working on that project, this worker will likely not be entitled to workers’ compensation benefits.

How to Determine Whether You Are an Employee or Independent Contractor

Most employers will make clear what the employment arrangement is when you are hired. Most individuals are aware from the start that if they are considered an independent contractor, then they will likely not be eligible for the same benefits that employees are eligible for. This does not only include workers’ compensation insurance, but also includes how employees and independent contractors receive pay differently, and how employees are typically eligible for other benefits, such as health insurance, life insurance and/or retirement plans.

Therefore, independent contractors are taking somewhat of a risk when deciding to work on a contract basis. There are certainly positive aspects of working as an independent contractor, but it definitely takes some thinking and consideration when weighing the positive aspects with the negative aspects, especially the fact that workers’ compensation benefits are not available to independent contractors.

Misclassification of Employment Status

While the general rule in Kansas (and in most states), is that independent contractors are not eligible for workers’ compensation benefits, there are situations where an independent contractor should be entitled to workers’ compensation benefits. For example, if you are hired and you believe you are a true employee of the company you work for, you expect that you will be entitled to the same benefits as other employees. However, if your employer misclassifies you as an “independent contractor,” you will be left in the dark in case you are injured or become ill while on the job. Some employers misclassify workers inadvertently, while others may in fact choose to misclassify workers for the sole purpose of avoiding the obligation to provide workers’ compensation benefits or other employee benefits.

Because the distinction between an employee and an independent contractor may not be as clear cut as you think, you would benefit from speaking with a Kansas workers’ compensation attorney who can evaluate your situation in detail to determine if you truly are an employee or independent contractor. If it turns out that your employer misclassified your employment arrangement, listing you as an independent contractor instead of listing you as an employee, you still may be entitled to workers’ compensation benefits. The sooner you are able to speak with an attorney, the sooner you will be able to resolve the matter and hopefully receive the compensation you deserve.

Contact Kansas Workers’ Compensation Attorney Michael R. Lawless Today for a Free Consultation

If you or a loved one has been injured or become ill while on the job, you may be entitled to workers’ compensation benefits. To determine if you qualify for benefits, it is essential that you consult with a Kansas workers’ compensation attorney as soon as possible. With the help of a skilled and dedicated Kansas workers’ compensation attorney, you will have a better understanding of what you may or may not be entitled to, based on your classification as either an employee or an independent contractor. Michael R. Lawless is a Kansas workers’ compensation attorney with more than 27 years of experience helping injured workers receive the compensation they deserve.   To schedule a free consultation with Michael R. Lawless, contact Michael R. Lawless, PA today by calling (913) 681-5566, or you may call us toll-free at (800) 734-3771. You may also contact us online and we will respond to your inquiry as soon as possible.

Can I Be Fired For Filing a Workers’ Compensation Claim in Kansas?

Being injured while on the job creates uncertainty and you may not be aware of what your options are for recovering and getting back to the workforce. While the majority of Kansas employers are required to have workers’ compensation insurance to cover injuries that employees suffer while on the job, many employees still do not understand what workers’ compensation is, and what the consequences are of filing a workers’ compensation claim.

Many people fear that if they file a workers’ compensation claim, they will be at risk for losing their job. This is certainly not the case, as the entire purpose of workers’ compensation is to keep a healthy workforce in Kansas. Simply filing a workers’ compensation claim cannot be grounds for losing your job. Having unemployed Kansas citizens is bad for the public welfare of the state and is bad for employers. However, your employer is allowed to terminate your employment for reasons other than the fact that you have filed a workers’ compensation claim.

Therefore, you might have already filed a workers’ compensation claim for injuries you suffered while on the job, and your employer may decide to terminate your employment if there is another reason for doing so, such as the need to downsize for financial reasons. Your employer must be able to demonstrate that your pending workers’ compensation claim has nothing to do with the reason your employment has been terminated.

The reason employers are able to terminate your employment at any given time is that more often than not your relationship with your employer is “at will,” meaning that either you or your employer may terminate the employment at any time for any reason. Some employees do have employment contracts that limit the scope of how an employee can be terminated. Regardless of what type of employment relationship you have, it is important that you discuss your workers’ compensation concerns with a qualified Kansas workers’ compensation attorney as soon as possible.

When filing a workers’ compensation claim, you want to ensure you are doing everything you can to get back to work as quickly as possible without compromising your health. If you truly were injured while on the job, you should not be held responsible for covering the cost of your medical care, and lost wages. If you fear that you may lose your job if you file a workers’ compensation claim, you should consider how this decision will affect your health.

Either you may decide to move forward without receiving treatment for your injury or illness, or you may be stuck with a mountain of medical bills by seeking medical treatment on your own. The bottom line is that you should not fear what your employer may do if you file a workers’ compensation claim. If you are terminated, your employer will have to prove that the decision to terminate your employment was completely unrelated to a workers’ compensation claim that you have filed.

Contact Kansas City Workers’ Compensation Attorney Michael R. Lawless Today for a Free Consultation

Workers’ compensation can be very confusing and stressful. You may be feeling uncertain as to whether or not filing a workers’ compensation claim will adequately help you recover and get back to work. You should fully understand your rights and obligations that are attached to filing a workers’ compensation claim before you actually decide to file a claim. To better understand what to expect, and what you might receive after filing a workers’ compensation claim, you should consult with a Kansas workers’ compensation attorney right away. Kansas workers’ compensation attorney Michael R. Lawless of Michael R. Lawless, PA, devotes his practice to helping injured clients get back on their feet. To schedule a free consultation with Michael R. Lawless, contact our office today by calling locally at (913) 681-5566, or you may call us toll-free at (800) 734-3771. You may also contact us online and we will respond to your inquiry as soon as possible.

Kansas Workers’ Compensation Attorney Reports: Kansas Ranked One of Top Ten Most Dangerous States to Work

A recent report entitled “Death on the Job: The Toll of Neglect” found that Kansas is one of the most dangerous states in which to work.  The study examined data from the Bureau of Labor Statistics, which revealed that at least 88 workers in Kansas perished in workplace accidents in 2012.  The analysis was compiled by The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO).

Bruce Tunnell, Executive Vice-President of the Kansas AFL-CIO, expressed dismay at the report, stating that it should serve as a wakeup call to our elected leaders.  Kansas employees are in danger and drastic steps must be taken to ensure they can go to work every day without fear of being injured or killed on the job.

The “Death on the Job” report places Kansas’ fatality rate at 5.7 per 100,000 workers.  This far exceeds the national average of 3.4 per 100,000 workers.  The five worst states for workers were: Wyoming, Alaska, North Dakota, Montana, and West Virginia.  The safest states included Rhode Island, Connecticut, Massachusetts, Washington (tied) and New Hampshire (tied).

No employee should risk his or her life attending work each day, but for workers in certain careers danger has sadly become a routine part of the job.  Over 4,300 fatal work injuries are suffered each year.  Though this rate has been on the decline in recent years, this high figure is still considered unacceptable by most safety organizations and the public as a whole.  The most dangerous job on the U.S. is currently considered to be logging.  Sixty two loggers were killed on the job last year, and their death rate is currently 127.8 per 100,000 full time workers.

Fishermen and women now hold the second deadliest job in America.  Fishing related professionals lose their lives at a rate of 117 per 100,000 full time workers, equating to 32 deaths in 2012.  Fishing is a hazardous but popular occupation in Alaska, which also ranks as one of the top five most dangerous places to work.

Airplane pilots are considered to have the third deadliest job.  Pilots face the constant threat of malfunctioning machinery and falling objects.  In 2012, 71 airplane pilots were killed on the job, equating to 53.4 deaths per 100,000 full time employees.

Anyone injured in a workplace accident should be entitled to compensation through the workers’ compensation system.  Almost all employees must carry workers’ compensation insurance, which covers injured employee’s medical expenses and a portion of lost wages.  Injured employees should consult with a workers’ compensation attorney to obtain a full assessment of their rights.

Contact Kansas City Workers’ Compensation Attorney Michael R. Lawless Today for a Free Consultation

Kansas’ recent ranking as one of the most dangerous states to work in is frightening for many employees and something that must be addressed immediately.  Kansas workers are the backbone of our economy and their safety should be protected to the fullest.  Any employee who has been injured in a workplace accident in Kansas should contact Kansas Workers’ Compensation Attorney Michael R. Lawless of the Lenexa, Kansas law firm Michael R. Lawless, P.A.  For over 27 years, Michael Lawless has assisted injured workers across the state.  Our workers’ compensation firm is dedicated to ensuring injured workers obtain the compensation they deserve.  To schedule a free consultation to discuss your workers’ compensation case, contact Michael R. Lawless, PA by calling our office locally at (913) 681-5566, or you may call us toll-free at (800) 734-3771.  You may also contact us online and we will respond to your inquiry as soon as possible.

Kansas Workers’ Compensation Attorney Examines Ladder and Scaffolding Accidents

Those in the construction industry often use ladders and scaffolds on a daily basis to reach elevated surfaces when repairing damage to structures or constructing new property.  When proper safety matters are not followed, construction workers may be placed at risk of catastrophic fall and potentially life threatening injuries.  In Kansas, employees who are injured on the job will usually be eligible for workers’ compensation benefits, which can include coverage of medical bills, time off work, lasting disability, and more.  Depending upon the circumstances of the accident, an injured worker can sometimes seek recovery outside of the workers’ compensation system, such as in the case of a defective scaffold or ladder.

Why Do Scaffolding and Ladder Accidents Occur?

Falls from scaffolds and ladders occurring on the job site are often the result of poor maintenance, safety standards, or a manufacturer defect.  Some examples of defective designs and improper safety measures include:

  • Loose rungs
  • Improperly positioned ladders
  • Missing guardrails
  • Broken parts
  • Ladders that are not tied off or secured properly

Ladder and scaffold accidents often involve extreme heights which can result in devastating consequences.  Construction workers that fall from the heights involved in ladder and scaffold accidents will sometimes require months or even years of ongoing medical care and rehabilitation.  Permanent disabilities are not uncommon for the survivors of these serious accidents.

A wide range of injuries can result from ladder and scaffold falls, including:

    • Head injuries
    • Traumatic brain injury
    • Broken bones
    • Neck and back injuries
    • Spinal cord damage
    • Internal organ damage
    • Death

All employers are under an obligation to provide employees with a safe working environment, safe equipment, and proper training.  The Occupational Safety & Health Administration (OSHA) publishes the following tips to employers to help keep employees safe when using ladders or scaffolds:

  1. Plan:  You must plan to complete the job in a safe manner before the task is started.  Identify the safety equipment you will need for each task and consider the fall hazards that could present each step of the way.  By anticipating potential falls and using proper safety equipment, you can minimize the risk of falls.
  2. Provide:  As an employer, you must provide your employee with proper equipment.  All scaffolds and ladders must be inspected prior to use and kept in excellent working condition.  Additionally, all necessary fall protection equipment should be provided to employees.  This equipment will depend upon the job at hand.  All ladders should be selected based on the individual job.
  3. Train:  Employers are responsible for training their employees so that they can perform the job at hand in a safe manner.  Employees must be instructed as to the proper set up and safe operation of scaffolds, ladders, and other equipment.  All workers should be trained to recognize potential hazards associated with the use of ladders and scaffolds.

Contact Michael R. Lawless Today to Schedule a Free Consultation

For over 27 years, Kansas Workers’ Compensation Attorney Michael R. Lawless of the law firm Michael R. Lawless, P.A. has assisted injured workers across the state in a wide range of workers’ compensation matters.  Michael R. Lawless is an award winning workers’ compensation lawyer who will fight to see that you receive the compensation you deserve for your workplace injuries, including medical bills, lost wages, disability, and more.  For assistance with your workplace accident, call the dedicated workers’ compensation firm of Michael R. Lawless today at (913) 681-5566 or toll-free at (800) 734-3771.  We offer a free consultation to all new clients.

 

Kansas Workers’ Compensation Attorney Reports: Talented Kansas Boxer Killed in Workplace Accident

All Kansas employees expect to be provided with reasonable, safe accommodations in the workplace. Individuals who operate heavy machinery, manufacturing equipment, or work around dangerous chemicals or moving parts expect heightened attention be paid to the safety of all employees. Unfortunately, workplace accidents are far too common in Kansas, and across the United States. Workplace injuries can range from a scrape to for more traumatic injuries such as: a crushing injury, head trauma to broken or severed limbs.

Kansas workplaces are required to maintain a safe working environment, and are often regulated by the Occupational Safety and Health Administration, also known as OSHA. OSHA provides safety guidelines for most workplaces, and conducts investigations when workplace accidents occur. OSHA may be called in to investigate a recent workplace accident in Wichita, Kansas that resulted in the death of a talented boxer.

Media reports indicate that 22-year-old Tony Losey, a nationally known top-ranked amateur boxer, was working outside of a large tank at a steel plate fabricator when the accident occurred. Witnesses report that Losey was operating a sandblaster under a large tarp when a tank he was cleaning, upwards of 18-feet tall, shifted and fell on him. The estimated 12,000-pound tank crushed Losey killing him on impact. Investigators believe that the tank shifted without warning and that Losey attempted to get out of harm’s way but the weight and force were too great.

Investigators stated that such accidents are rare but do occur, and that generally, no one is injured when tanks like this one collapse. Investigators are working to determine if proper safety measures were in place to prevent such an accident. One nearby witness indicated that the tank was sitting on two sawhorses when it fell. Preliminary reports do not indicate whether OSHA is planning to participate in the investigation, though such action is likely.

Tragic Example for Kansas Workers

Stories like this one offer a tragic example of the dangers that workplaces can pose to employees. The young, aspiring athlete was operating in the course of his duties as a subcontractor when his life was taken. This story also highlights a common issue in workplace accidents – the issue of whether workers’ compensation benefits are available to subcontractors if they sustain a job-related injury.

Kansas law is broad concerning who classifies as an employee for workers’ compensation purposes, with exceptions for agricultural jobs, independent contractors, certain firefighters, sole proprietors, and certain vehicle drivers. The victim in this workplace accident, unfortunately, did not survive his injuries. His family, like so many others, may be left without a source of income, and no doubt are suffering from their loss. Many other Kansas workers do survive their workplace injuries and are left fighting for clarity on their rights and responsibilities while potentially living with a serious injury. Workers’ compensation is a complex area of the law that requires the skill of trained legal representatives.

Get Help Fast

If you have been injured in a workplace accident, do not wait to get help. Act quickly to see what your rights and responsibilities are, as well as what options may be available to you. Contact the Kansas Workers’ Compensation Attorneys at Michael R. Lawless, P.A. to find out more about our state’s personal injury and workers’ compensation laws. We have been fighting for the rights of injured clients for nearly three decades, and will fight for you. To schedule a free consultation with one of our experienced attorneys, call us right away toll-free at (800) 734-3771. You may also leave us a message electronically and we will respond as soon as possible.

Kansas Workers Compensation Lawyer Discusses Workplace Safety Tips for Kansas Employers

In the four decades since OSHA’s creation, the rate of workplace accidents has decreased dramatically.  Worker injuries and deaths are down significantly, from approximately 38 worker deaths in 1970 to 13 a day in 2011.  The increased workplace safety has not been the result of luck; rather, it comes after much hard work and vigilance.  Creating and maintaining a safe workplace is no easy task.  By creating a culture of safety within the workplace, your organization can flourish as an enjoyable and safe place to work.

  • Provide clear work instructions: It is imperative that you as an employer provide your employees with thorough training and clear, written instructions.  Further, make sure that each employee reads and acknowledges your safety program.
  • Involve your employees in safety planning: Involving your employees in the safety process serves as a great motivator, providing them with a stake and ownership in workplace safety.
  • Focus your safety efforts on the most likely problems: Eliminate those safety violations and concerns that most frequently lead to injuries, while still planning for less common but major safety concerns.
  • Engineer a safe work area: A work area can include furniture, benches, conveyors, equipment, and vehicles.  The layout of the area in which employees are expected to conduct a particular job is critical to preventing injuries.
  • Maintain a clean work area: A clean environment is a safe environment.  Removing clutter and ensuring clean, dry floors will greatly diminish the chance of slip, trips, and falls.
  • Maintain all machinery in good working order: Have a routine maintenance system in place as maintaining machinery is essential to preventing serious injuries
  • Supervise each employee thoroughly: By observing your employees as they work, you will identify any unsafe practices in time to correct them.  You can also identify any employees who are performing tasks in an improved manner that could be adapted by all employees, as well as those who are taking possibly dangerous short cuts.
  • Encourage your employees to report any safety concerns to management: Employees often have vital insight into potential safety issues.  Creating an environment that encourages employee communication concerning safety will allow you to correct safety issues before injuries occur.
  • Remove and avoid any unnecessary hazards: Do routine inspections of the entire workplace to identify any unnecessary hazards and promptly remove them.
  • Revisit your safety guidelines regularly: At least once a year, inspect your workplace and review your safety program.  Update and make any necessary changes to address current issues.

Contact Kansas City Workplace Accident Attorney Michael R. Lawless Today for a Free Consultation

It is our hope that these safety tips and increased federal regulations over the workplace will decrease the incidence of workplace accidents.  If you are injured during the course and scope of employment, the Lenexa, Kansas Workplace Accident Lawyer at the law firm of Michael R. Lawless, P.A. can help.  Our law firm is committed to seeing injured workers recover for their medical bills, lost wages, oncoming disability, and more.  For over 27 years, we have helped injured workers through the complex workers’ compensation process, towards a full recovery.  If you have questions about your rights following an accident or need assistance with your claim, the law firm of Michael R. Lawless can help.  To schedule a free consultation to discuss your potential workplace accident case, contact Michael R. Lawless, PA by calling our office locally at (913) 681-5566, or you may call us toll-free at (800) 734-3771.  You may also contact us online and we will respond to your inquiry as soon as possible.

 

Kansas City Workers Compensation Attorney Explains the Most Common Workplace Injuries in Kansas

Over 4,500 American workers are killed on the job each year, while millions more suffer serious but non-fatal injuries.  Every year, 3.3 million people suffer a workplace injury that will permanently affect them.  Most of these accidents are entirely preventable and occur as a result of employers failing to maintain a safe work environment.

The following is a look at the most common types of workplace accidents in Kansas and nationwide.  This list is intended to help workers stay safe on the job.

    • Overexertion Injuries: Overexertion injuries can occur as a result of pulling, pushing, lifting, carrying, holding, and throwing activities at work.  Overexertion injuries are not consistently the most common, but they are the most expensive.  These injuries account for $3.4 million in benefit costs annually.
    • Slipping/Tripping Accidents: Slip and fall or trip and fall accidents are the number two cause of workplace injuries.  These accidents occur when employees slip on slick surfaces or trip over something lying on the floor.  Employers have a duty to maintain a reasonably safe work environment, which includes keeping the workplace free of known slipping or tripping hazards.
    • Falling From Heights: This type of fall happens from elevated areas, such as ladders, roofs, and stairways.  Falling from heights accidents can be caused by slippery surfaces or faulty equipment.  Employers can reduce the risk of these serious accidents by using proper personal protection gear, training all employees thoroughly, and overseeing employees with diligence.
    • Reaction Injuries: This type of injury is caused by slipping and tripping without actually falling.  Reaction injuries can cause muscle damage, body trauma, and other medical issues.
    • Falling Object Injuries: Objects that fall from ladders, shelves, roofs, and the like can cause serious injuries.  Head injuries most often occur as a result of this type of accident.  Use of proper protective gear, such as a hard hat, can prove vital in keeping employees safe.
    • Vehicle Accidents: Employees who drive as a part of their job are often injured in automobile accidents.  These accidents can be serious and even fatal.  Employee safe driving training and employer policies regarding safe driving can reduce accidents.
    • Machine Entanglement: Employees can find their clothing, shoes, hair, fingers, or other body parts trapped in heavy equipment or machinery.  This happens most often in factories where no precaution is taken.  Protective guards and other equipment can avoid this potentially catastrophic injury.
    • Repetitive Motion Injuries: This type of injury occurs over long periods of time, during which employees repeat the same motions.  Repetitive motion injuries often include carpal tunnel syndrome, back pain, strained muscles or tendons, and vision problems.  The use of proper ergonomic equipment can reduce the incidence of these injuries.

Contact Kansas City Workplace Accident Attorney Michael R. Lawless Today for a Free Consultation

The Lenexa, Kansas Workplace Accident Attorney at the law firm of Michael R. Lawless, P.A. is committed to assisting injured workers across the state.  Our experienced team of workers’ compensation attorneys will fight to see that you receive compensation for your medical bills, lost wages, oncoming disability, and more in the event your are injured in the workplace.  For over 27 years, we have helped injured workers through the complex workers’ compensation web, towards a full recovery.  If you have questions about your rights following an accident or need assistance with your claim, the law firm of Michael R. Lawless can help.  To schedule a free consultation to discuss your potential workplace accident case, contact Michael R. Lawless, PA by calling our office locally at (913) 681-5566, or you may call us toll-free at (800) 734-3771.  You may also contact us online and we will respond to your inquiry as soon as possible.