Injured Employee Wins Multi-Million Dollar Settlement Against Employer

That news would be enough to put many companies out of business.  How about you? Could you withstand a multi-million dollar hit to your personal financial status, or to your company’s bottom line?

Now, let’s make this scenario interesting.  Let’s say your company holds weekly safety meetings, trains all employees in the proper use of equipment, provides in-depth OSHA training and makes personal protective equipment available to all employees who need it.  In addition, your supervisors are competent…they even have a certification card from a safety company boldly proclaiming that they are certified in the specific areas related to your business.  They inspect all equipment every day before employees utilize it, and they keep a keen eye out for unsafe conditions.  When one is spotted, it is immediately made safe.

You’re reasonably safe from the threat of negligence, right?   Not necessarily! What’s missing here?

Here’s how the scenario plays out.  Your company, Doing It Right Inc, was awarded a contract by Expert Builders LLC to plaster the exterior walls of the new box store being built in your city.  Because you want to impress Expert Builders with the quality of your work (in hopes of getting future contracts), you send your best crew to do the job.  They are all experienced workers, fully trained and in their prime!

On January 2, Jim, one of your most experienced workers, falls from scaffolding and is seriously injured.  He is treated appropriately for his injuries, the workers comp carrier covers the expenses and he makes slow progress in his recovery.  At a holiday party in December of the same year, he meets Will Cheatem of Wie, Cheatem and Howe, Attorneys-at-Law.  Hearing Jim’s story, Will senses big dollars to be made, seeing as how Expert Builders is one of the largest builders in the country and Doing It Right just made news as an up-and-coming company whose profits are soaring.

Being the good Samaritan he is, on December 31, Will eagerly files a “shot gun” civil suit on Jim’s behalf, naming Doing It Right, Expert Builders, all owners, on-site risk managers, supervisors, other sub-contractors and anyone else he can point a finger at, claiming negligence in providing a safe work environment.  Because the courts are so backed up with such important litigation as this, nothing is scheduled until 2 years later.  The preliminary hearing is scheduled, but it falls during Will’s annual trip to Hawaii with his legal partners, so he petitions to have the hearing postponed.  It is scheduled six months later…on Expert Builders’ lead attorney’s wedding anniversary.  That can’t be interrupted, so it is re-scheduled once more…6 months later!  Four years have now past since the date of the injury!

When the hearing finally rolls around, what will be the key evidence to protect you from this threatening litigation?  When put on the stand, will you or your witnesses remember the specific details of the incident that fateful day 4 years ago?  Will you even know where those witnesses are at that point?  And what about all the training and supervision for which your crack staff of supervisors are known?  You are going to claim that Jim was fully trained, that the equipment was safe, that he had all the protective gear that he needed, and that it was another sub-contractor’s scaffolding anyway (careful with that one)!  You contend that there was no negligence on your part as an individual or company, and that your supervisors are all competent to provide a safe work environment.  In fact, another employee told you that Jim fell because he leaned too far over the top guard rail.

The judge, at Will Cheatem’s urging, is going to say:  prove it! What documents will you be able to hand the judge, indicating:

• • • • Weekly safety meetings where appropriate safety issues (such as scaffolding safety and fall protection) were conducted.
      • Sign-in sheets verifying that the worker who fell was, indeed, present at those meetings and understood the safety precautions to take.
      • Verification of OSHA 30 or other appropriate training conducted for your employees, including Jim.
      • Verification of your company’s named “competent persons” in required areas, such as scaffold inspection.
      • A written safety program is in place and enforced.
      • Daily inspections of the scaffolding were conducted at that jobsite.
      • Your company’s policy regarding use of other company’s scaffolding.  (Is using someone else’s scaffolding really a good idea?)
      • Your company’s policy regarding use of personal protective equipment.
      • Documentation of enforcement of policies (Ie – written warnings to employees for failure to comply with company policies.)
      • Thorough investigation of the incident, including pictures.
      • Testimony of all witnesses to the incident, including the employee who told you verbally what happened.

This list could go on and on, but you get the picture.  You must prepare to defend yourself, your supervisors and your company against negligence even before negligence is alleged!

CBR provides resources to assist you in doing just that!  Here are some examples:

1. CBR’s Risk Team has written 25-30 safety procedures that now make up our Safety Procedures Manual.  These procedures outline in detail how to implement a program that will help you document your safety program appropriately.  These procedures have been sent (via email and/or hard copy) to clients whose operations include risks greater than clerical and sales, and can be customized to your specific operations.

2. Check out what is available on CBR’s website.  On the CBR Forms page, you will find a Critical Incident Report that will walk you through how to thoroughly investigate an incident.  (CBR is able to provide actual assistance in critical investigation as well.)

3. Join us for monthly Safety Webinars, where we give you valuable safety information, as well as how to protect yourself from liability.

Don’t let Will “take you to the cleaners!”  Develop your safety program in such a way that your employees are provided a safe work environment, and that you are protected from Wie, Cheatem and Howe!

Contact us or request a proposal for more information!