Workplace Injuries and the Source of Compensation, Depending on what Type of Work You are In
For the year 2012, the reported number of workplace injuries reported by private industrial employers to the US Department of Labor’s Bureau of Labor Statistics reached almost three million. Injuries due to accidents in the workplace are definitely preventable; but this requires the strict compliance of managers and employers with the federal safety standards enforced by the Occupational Safety and Health Administration (OSHA) and the observance of company policies and guidelines by all employees. Of the reported cases of non-fatal injuries, 340,900 were strains, sprains or tears; 177,580 were injuries to the back; and, 219,630 were due to trips, slips and falls. Reported cases of fatal injuries covering both the private and government sectors numbered to 4,628. The Bureau of Labor Statistics states that the five top work-related injuries include:
- Overexertion injuries, which are caused by lifting, pulling or carrying heavy materials.
- Slipping/Tripping, which is fall on same level, can be caused by tripping obstacles on the floor or by a wet floor.
- Falling from heights, or fall to lower level, happens when a person drops from an elevated area, such as a stairway, roof or ladder.
- Bodily reaction, which happens when a person slips or trips without falling. The sudden twist of the body can cause great, prolonged pains.
- Falling object, which is a very common incidence, especially in construction areas, has often affected not only workers but pedestrians too.
The truth is that millions of Americans suffer injuries in these types of accidents each year, many of them requiring hospitalization as a result of the injuries they suffer. Slip and fall accidents can happen for a wide range of different reasons, but in many cases, negligence on the part of property owners is to blame. In these circumstances, it may be possible for slip and fall injury victims to pursue compensation for their injuries.” Financial compensation is a very important thing for workers who get injured on the job or who develop a work-related illness (this is usually due to exposure to toxic substances). But while their compensation will be paid by their state’s Workers Compensation Insurance program, the source of compensation for American seamen and those who fit the classification of longshoremen, like those who assist in loading and unloading vessels, ship-breakers, ship repairmen, shipbuilders, and civilian employees on military bases (harbor workers, and certain people who work on docks shipyards or shipping terminals). For American seamen, their protection and maintenance is assured through the Merchant Marine Act of 1920, also known as the Jones Act.
As explained by the law firm Williams Kherkher, “The Jones Act makes employers and the owners of seafaring vessels responsible for providing a safe workplace for the men and women working aboard their watercraft. Keeping that in mind, the Jones Act can be used by seafaring workers to hold either party liable for accidents that have been caused—in whole or in part—by the negligence or recklessness of their employer or the ship’s owner. First and foremost, injured workers can collect immediate compensation for what is termed to be their “maintenance and cure,” regardless of who will eventually be held liable for the accident. Compensation for an injured worker’s “maintenance” refers to money that is paid to cover the cost of room and board that would normally have been provided to the injured worker if he or she was still on the job. These funds usually cover necessary household expenses like mortgage and rent payments, utilities, taxes, and other necessary expenses.
