Failure to Guard

West Virginia Workplace Accident Attorney

Employers must identify and guard employees at risk. Employees are entitled to know as much as possible about the safety and health hazards to which they are exposed. When an employer fails to provide relevant materials and instruction to his employees, he puts them at risk of injury. Some employees, as in the case of a worker for whom English is a second language, need more guidance than others. It is the responsibility of an owner or employer to identify employees who have priority needs for training and are at higher risk for injury. If you have been hurt due an employer's failure to guard you in this way, you may recover compensation for your injuries. It is important to talk to West Virginia personal injury lawyer who understands the intricacies of a claim for compensation based on failure to guard or failure to train.

Choosing the Right Firm for a Failure to Guard Claim in West Virginia

It is an employer's responsibility to warn their employees against safety and health hazards associated with the job the employee will be called upon to perform. It is up to the employer to identify the hazardous duties and match the job to a person capable of doing it. Even within industries hazardous by nature, it is important to identify employees who operate at greater risk than others. In occupations where noise, heat or bitter cold are part of the environment where the work is done, employees should be additionally informed and instructed on how to perform their jobs safely.

A failure to guard in these circumstances can cause injury and death. One mistake in such hazardous surroundings can cause the lives of workers involved. It is also up to an employer to identify populations at high levels of risk by examining the incidences of accidents and injuries within the company and the industry. This will identify people who need more training to take on specific tasks. Research shows the following groups or categories are at higher risk of injury or illness at work:

  • The age of the employee (younger employees have higher rates of injury and illness).

  • The length of time on the job (new employees have higher rates of injury and illness).

  • The size of the firm (in general, medium-size firms have higher rates of injury or illness).

  • The type of work to be performed.

  • The use of hazardous substances.

When an employer or owner of a company fails to identify employees at risk and take adequate measures to guard the employee, he is liable for the employee's injuries. Defective equipment may also cause risk, but this is still an employer's duty to guard an employee against.

Contact a West Virginia workplace injury lawyer today if you have been injured due to an employer's failure to guard.


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