- Hundreds of thousands of workers are injured on the job in the United States every year.
- Your employer has a duty to provide you with necessary safety equipment.
- If your employer fails to provide you with necessary safety equipment and you are injured on the job, you may have a claim against your employer for damages.
- You should report your injury to your employer to preserve any Worker’s Compensation benefits and talk to an attorney about your rights.
According to the Bureau of Labor Statistics, 4,585 workers were killed on the job in the United States in 2013 (the most recent year for which data is available). Nationally, construction and transportation/warehousing industry sectors saw the most workplace fatalities (18% and 16% of all fatalities, respectively).
In 2013, 508 fatal work injuries incurred in Texas. Although this represents a decline of about 8% from the year 2012, Texas leads the nation in workplace fatalities. In Texas, the transportation industry sector saw the most workplace fatalities (32%), followed by the construction industry (24%).
Nationally, over one million workers suffered a non-fatal injury on the job in 2013. In Texas, that number is 198,843.
Hazards that employees may be exposed to in the workplace include: (1) physical hazards such as ladder work, machine work, and constant noise; (2) chemical hazards such as carbon monoxide, fumes, and solvents; (3) biological hazards such as blood and bacteria; and (4) ergonomic hazards such as heavy lifting.
Many of these hazards lead to workplace injuries and fatalities because of employers’ failure to provide necessary safety equipment.
Your employer has a duty to use ordinary care in providing a safe workplace. This duty includes the duty to warn you of the hazards of employment and to provide you with necessary safety equipment. Kroger Co. v. Elwood, 197 S.W.3d 793, 794 (Tex. 2006). The Texas Supreme Court has ruled that an employer must (1) provide safe machinery and equipment for its employees; (2) instruct its employees in the safe use and handling of machinery and equipment; and (3) adequately hire, train, and supervise its employees. Your employer does not, however, have a duty to warn of dangers that are commonly known or already appreciated by its employees.
Examples of safety equipment that your employer may be required to provide include:
- Protective gloves
- Foot and eye protection
- Ear plugs and other hearing protection
- Hard hats
- Respirators
- Welding masks
- Fall protection (including guardrails and safety nets)
- Guardrails
- Safety nets
- High visibility clothing
If your employer fails to provide you with necessary safety equipment, and you are injured on the job, you may have a claim against your employer for damages. First and foremost, you should seek any necessary medical care. Next, you should report your injury to your employer. Under the Texas Worker’s Compensation System, if you do not report your injury within 30 days from the date of the injury or from the date you discovered the injury was work-related, you may not be able to recover Worker’s Compensation benefits. Finally, you should consult with a lawyer as soon as possible regarding your right to file a lawsuit.
Written by:
Linda K. Leibfarth
Watts Guerra LLP
4 Dominion Drive, Bldg 3, Suite 100
San Antonio, Texas 78257
Phone (210) 447-0500
© Watts Guerra LLP 2015
