Key Takeaways

• Employers have a legal duty to maintain safe workplaces under OSHA standards.
• Workers’ compensation provides no-fault benefits but limits employees’ ability to sue.
• Coverage gaps exist for some workers, including contractors and part-time employees.
• Employers may still face liability for intentional acts or third-party negligence.
• Proactive safety programs reduce injuries and legal exposure.

Benjamin and Shapiro Ltd is a Chicago-based personal injury law firm whose attorneys handle matters involving workplace injuries, negligence, and related claims, including workers’ compensation. Founded in 1969 by Fred Benjamin and Stuart Shapiro, the practice has developed a long history of representing injured people through settlement and trial, and it continues under managing partner Corey Benjamin. With experience across a wide range of injury cases, from auto collisions and premises incidents to medical malpractice and product liability, the firm’s work regularly intersects with the legal standards employers must follow when employees are hurt on the job.

The overview below explains core safety obligations, how workers’ compensation typically operates, and where additional liability can arise when injuries involve misconduct or third parties.

What Employers Should Know About Workplace Injuries

Workplace injuries are a concern across several industries and bear significant legal risks for employers and organizations. While some jobs are riskier than others, like mining and construction businesses, employers in all sectors are legally and ethically responsible for safeguarding employees’ health and safety.

The Occupational Safety and Health Administration (OSHA) enforces federal safety standards, granting employers the duty of care over their workers. Established under the Occupational Safety and Health Act of 1970, OSHA emphasizes the need for proper training, outreach, and education, and primarily guides organizations in eliminating common hazards that cause serious harm or death. Workers can file complaints to OSHA if they feel inspections and enforcement actions are necessary.

To minimize the risk of litigation when dealing with workplace injuries, most organizations develop and implement workers’ compensation systems that provide no-fault compensation to injured employees without the need to prove negligence. Workers forfeit the right to sue their employer, creating a grand bargain often achieved through several benefits such as paid medical expenses, rehabilitation services, and permanent disability compensation in cases where workers’ productivity is permanently affected after injuries. Notably, the law requires employers to acquire workers’ compensation insurance to implement this system, plus a clear dispute resolution plan that upholds timely and fair compensation for work-related injuries.

Despite its benefits to employers and employees, the workers’ compensation system has several limits. For workers, benefits are often capped and may not fully compensate for lost wages. Moreover, not all employees are eligible for cover, especially temporary and part-time workers and those working for independent contractors. For organizations, injured workers can still sue outside the compensation system, especially if an intentional act of the employer caused the injury or if a third party, such as a contractor or supplier, is responsible for the injury.

If an employee sues a company outside the compensation system, the court requires proof of negligence or wrongful conduct to settle the case. Common causes of liability in such cases include vicarious action, where supervisors and co-workers are responsible for one’s injury, negligent hiring and supervision that leads to an accident, and instances where employers punish workers for filing legitimate compensation claims.

To avoid workplace injuries and the associated legal and financial burdens, employers should implement several proactive tactics, such as risk assessment. Organizations should have a safety department and solicit the services of external auditors to periodically inspect the workplace for hazards. These professionals should assess tasks and equipment to identify common risks, like falls, electrocution, and chemical exposures. Once these hazards are identified, employers should promptly implement appropriate control measures, such as adopting administrative policies and providing personal protective equipment (PPE).

Safety training and education are also important for avoiding workplace injuries. Ongoing training sessions help workers understand how to safely execute their tasks and respond to emergencies. Trainers should customize worker programs to fit various roles and update information. They should focus on topics such as equipment operation, administering first aid, and ergonomics to empower workers in identifying and handling workplace hazards.

Lastly, effective communication is crucial to avoiding work-related injuries. Employees often handle equipment and technologies, and they can easily identify hazards. Managers and supervisors should create a culture of open communication to encourage workers to report these issues. Meetings, surveys, and questionnaires are important platforms for expressing concerns, and one can choose their preferred avenue depending on the urgency of the matter and whether or not they wish to remain anonymous.

FAQs

What are an employer’s basic legal duties for workplace safety?

Employers must provide a reasonably safe work environment and comply with OSHA regulations. This includes training, hazard mitigation, and proper safety equipment.

How does workers’ compensation protect employers and employees?

Workers’ compensation offers no-fault benefits such as medical coverage and wage replacement. In exchange, employees generally give up the right to sue their employer.

Are all workers covered by workers’ compensation?

No, some categories such as independent contractors or certain part-time workers may be excluded. Coverage depends on state law and employment classification.

When can an employee sue outside the workers’ compensation system?

Employees may sue if injuries result from intentional employer misconduct or third-party negligence. These claims require proof of fault.

How can employers reduce workplace injury liability?

Regular risk assessments, safety training, and open communication help identify hazards early. Strong safety programs lower injury rates and legal risk.

About Benjamin and Shapiro Ltd

Benjamin and Shapiro Ltd is a personal injury litigation practice based in Chicago that represents people harmed physically or psychologically through another party’s negligence, including work-related injury matters and workers’ compensation. Founded in 1969 by Fred Benjamin and Stuart Shapiro, the firm has assisted thousands of clients in personal injury and wrongful death cases and has been led by managing partner Corey Benjamin since 2016. Its practice areas include transportation incidents, premises liability matters, medical malpractice, and other negligence cases pursued through trial and settlement.