For industrial workers in Illinois and Indiana, the risk of a catastrophic work accident is unacceptably high. And the danger is increasing.
Workers are facing a greater risk of death caused by on-the-job accidents each year, according to the latest research findings of the Bureau of Labor Statistics (“BLS”). See, The Census of Fatal Occupational Injuries (CFOI) USDL-22-2309, released December 16, 2022 (“CFOI”). This study confirms:
- there were more work accident fatalities in the latest reporting year than in the past five (5) years;
- there was almost a ten percent jump (8.9%) in fatal worker deaths in the last reporting year; and
- a worker dies every 1.6 hours (101 minutes) from work accident injuries in the United States.
The risk of severe bodily injuries in work accidents is also on the rise, according to the BLS. For more, read New BLS Report: Rising Danger of Serious, Nonfatal Industrial Accident Injuries.
Obviously, industrial workers must be made aware of the shocking reality that serious work accident injuries or fatalities are a possibility they face each day on the job.
Workers and their loved ones must also face the accompanying realization that employers simply cannot be relied upon to meet their legal duties to keep workers on the job safe from harm.
What Happened? Investigation After an Industrial Work Accident
After any accident on an industrial worksite, there will be investigations into the event to determine what happened to cause the incident and its resulting bodily injuries to the workers (and others hurt in the event).
1. OSHA Notification and Investigation
First of all, there will be an investigation mandated by law according to federal safety regulations overseen by the Occupational Safety and Health Administration (“OSHA”) or the OSHA State Plans of Indiana and Illinois. See, Workplace Safety and OSHA Regulations in Indiana and Illinois.
OSHA Notification
OSHA must be notified by the employer of any work-related death within eight (8) hours of the accident. OSHA (or the State Plan) must be notified by the employer as well if any worker suffers the loss of an eye; an amputation; or needs hospitalization as a result of a work accident. This must be done within twenty-four (24) hours of the incident.
The OSHA notification can be done easily, by calling the OSHA 24-hour hotline at 1-800-321-6742 (OSHA) or by reporting online.
OSHA Investigation
Pursuant to 29 CFR 1960.29, the investigation should be as extensive as necessary in order to reflect “the seriousness of the accident.” (1960.29(b)).
When a worker dies, or if there were at least three (3) workers who needed hospitalization as a result of the work accident, then there should be an investigation to determine the “causal factors” and the regulation, accordingly, demands that “…[e]xcept to the extent necessary to protect employees and the public, evidence at the scene of an accident shall be left untouched until inspectors have an opportunity to examine it.” (1960.29(b)).
As for the resulting report, investigators should include “…appropriate documentation on date, time, location, description of operations, description of accident, photographs, interviews of employees and witnesses, measurements, and other pertinent information.” A copy of the final investigation report is then provided to the employer as well as the employee’s representative (if the worker has identified a representative, such as a lawyer retained to represent the injured work accident victim and their loved ones). (1960.29(d)).
The intent of the OSHA investigation is to protect against these types of work accidents happening again in the future, either at this particular worksite or any other workplace.
2. Employer’s Investigation
Employers are usually the first investigators on the work accident scene. There are likely company policies in place, made by the employer or their insurance carrier, delineating what to do in the event someone is hurt on the work premises.
Workers should expect company representatives to be efficient and fast in gathering all sorts of information related to the accident. This will include photos or videos of the accident scene, maybe within minutes of the injury itself, as well as taking of witness statements from people still reeling from what they have seen or experienced.
The intent behind these investigations, in all likelihood, will be to try and minimize any legal liability for the company. Workers should be legitimately wary of bias in any company investigative report.
For more, read: Catastrophic Injury Accidents: Special Legal Protections for Victims and Families in Indiana and Illinois; Workers Compensation in Indiana and Illinois: Work-Related Injuries and the Fight Against Corporate Greed; and The Law of Bad Faith Insurance Claims in Indiana and Illinois.
3. Worker’s Independent Investigation
Injured workers and their loved ones have every legal right to undertake their own independent investigation into the work accident, its causes, and its consequences. This is usually done through an attorney or law firm advocating on behalf of the worker victim.
Workers can undertake their own accident investigation regardless of whether or not they are seeking workers’ compensation benefits and/or any other legal claims for relief under state or federal law.
In worker investigations, the worker should make sure to undertake actions like:
- Gathering medical records and documentation (including expert opinion testimony) that the workplace injury resulted from an emergency situation where quick action was necessary and fast medical treatment required;
- Obtaining copies of any work procedure or protocol for reporting workplace injuries on the job site;
- Getting copies of any company incident report for the worker’s accident;
- Getting copies of any other company incident reports within a set time frame of the worker’s accident and any incident reports involving similar events or similar injuries;
- Compiling a list of everyone who has any information related to the work accident, including witnesses to the work accident itself; witnesses to what happened after the work accident (immediately thereafter as well as in the days and weeks following the event); and witnesses to the worker and others on the job site in the time period prior to the work accident. Names, addresses, phone numbers, e-mail addresses, and other identification information should be collected for all these people;
- Medical records as well as expert analysis of bodily injuries, including past, present, and future treatment and care needs, should be collected;
- Receipts for all expenses related to the work accident and its aftermath should be collected and tallied; and
- Any communications from the employer or company representatives (such as insurance adjusters, company safety officers, managers, supervisors, or counsel) should be included in the report (including dates and times of any phone calls, text messages, etc.).
The intent of the worker’s independent investigation is to determine the reason for the work accident and where legal liability for the accident and its aftermath may lie. The investigation can yield surprising results.
Employer: Workers’ Compensation or Personal Injury
Of course, workers’ compensation provides for worker benefits without the need to establish cause. However, an investigation of the event may reveal that the company is liable outside of the parameters and protections of workers’ compensation coverage.
Third Party Claims: Contractors, Design Professionals, Product Manufacturers
Third parties may also be found to have civil liability for what has transpired. In a construction company accident, for instance, several companies may be held liable for a catastrophic or deadly work accident. An investigation may also reveal that a product manufacturer, distributor, supplier, or maintenance company may have a legal duty to pay civil damages after the accident, as well.
See, Workers’ Compensation and Third-Party Claims for On-the-Job Accidents; and Multiple Employers on the Construction Site: Who Is Liable For Construction Worker Accidents?
Premises Liability
The worker’s investigation may also reveal that the landowner or others in control of the land or property itself have a legal responsibility for the incident. See, Premises Liability and Workplace Accidents: Third Party Injury Claims.
Justice for Workers After a Severe or Fatal Work Accident in Indiana or Illinois
Experiencing a terrifying and horrific work accident is something we never want to face, or to have happen to a loved one. Sadly, research warns us that there is a growing trend in worker deaths on the job that so far is not being stopped or curtailed.
It is becoming more and more hazardous for industrial workers in Illinois and Indiana. They are more and more likely to get hurt on the job, sometimes with life-altering or life-ending outcomes.
After these tragedies, workers and their loved ones will be emotionally devastated and battling psychologically through grief, rage, depression, anxiety, and fear. It is vital they know that during this time, they may be vulnerable to those who do not have their best interests at heart.
An independent investigation into the work accident is their right – and it may be heart wrenchingly needed to make those responsible for the accident do the right thing.
For more, read:
- Loss of Consortium Damages in Illinois or Indiana Work Accidents
- Wrongful Death Damages After Fatal Work Accidents in Illinois or Indiana
- Loss of Earning Capacity Damages After Accident in Illinois or Indiana
- Catastrophic Injuries in an Accident: Damages for the Loss of a Normal Life
- Pain Awareness: Claims to Cover an Accident Victim’s Pain Damages.
- Deadlines for Injury Victims to File Lawsuits: Statutes of Limitations
- High Hazard Industrial Workplaces: 2024 Online Exposure of Accident Injury and Illness Realities.
Workers have a right to undertake their own investigation into any work accident where they have suffered serious bodily injuries on the job. Today’s truth is that all too often, employers and others with legal responsibilities of care for workers are breaching those duties and people are being hurt as a result. Please be careful out there!
