Critical Analysis
By
Saira Mirza
Turnitin Score: 16%
In a study conducted by Qiyun et al., “work-related traumatic injuries impose a significant health and economic burden to patients and contribute to lost productivity (2014).” This is especially true when the injury sustained happens to be to the hand and the employee can no longer perform the basic job functions. If the incident occurs on company property, during work, it’s very important to determine who’s at fault, or even who will compensate the employee for the medical bills and lost wages. Naturally, if it’s an “on the job” injury, one would think it’s the employer’s responsibility. Through further analysis of the case study as well as assistance
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He was “pushing a large piece of wood through a table saw.” He claims he was following all safety procedures but the machine itself had not been maintained for it to operate safely. The company claims that the machine was indeed operating according to all safety standards and the employee sustained injuries due to negligence. According to the Consultant Report, by David Rankin, after an accident, the individual will mostly claim, “I have always done it that way. (2005).” He goes on to say; that these accidents occur with individuals that have 1) never operated the machinery before or 2) have years of experience with the machine. With that said, it’s important to determine if John was experienced with the machine because if he didn’t have enough experience with the machine, the employer could be held liable because John’s supervisor should have supervised him while he was using the table saw. To the contrary, if John has enough experience using the table saw, then he could be held liable for negligence. Since that information is not listed, one could assume John knew how to use the machine. Thus, the accident may have been caused by
This also could have included shooting pain in both the arms and legs. I had the doctor confirm that he never received a history from the claimant of the discrete incident on 12/15/16. I tried to push the doctor off of his opinion on causal relationship, pointing out that there were two different histories of work related injuries but the doctor was insistent that it really did not matter because he felt this was really due to the claimant’s job. He said there might have been an incident that aggravated symptoms but he felt it was part of the heavy duty work the claimant was doing. The doctor did confirm that the claimant was released to return to work without any restrictions on 06/05/17 as he had an excellent result from his surgery.
The reasonable man-standard is used in law to determine negligence. “A jury generally decides whether a defendant has acted as a reasonable person would have acted. In making this decision, the jury generally considers the defendant’s conduct in light of what the defendant actually knows, has experienced, or has perceived” (“Standards”). In this case, the jury decided that the defendant knew about the problem but failed to act as a reasonable man, causing Hardy’s injury. GM did not intend to purposely cause Hardy harm but the company was held liable for neglecting the door latch recall.
Everyday someone is injured because of someone else’s carelessness. Adam Futrell brings his extensive knowledge of injury law to fight for each of his clients. From one of the South’s most respected law firms, to the Attorney General’s Office,
The James Hardie Company would argue that they did not realise the extent of harm asbestos has or could cause, seeing that they assumed this it was unnecessary to inform the workers of the asbestos. Also once symptoms do present themselves; it may take a while to diagnose the illness, also the individual needs to determine that the illness relates to the negligence by a company. The problem for the company that has been negligent is whether it can continue to operate its business. This can be difficult for companies that are in financial distress and cannot pay to compensate. Bernie Banton’s role taking in this case to court was the plaintiff.
The owners are to blame for the deaths of the Triangle Shirtwaist Factory Fire because they promoted an unsafe working environment, also, never cared about the employees' health, and only made money for themselves. The owners, Max and Issac, did not care for their workers' safety. To start, Max Blanck and Issac Harris promoted an unsafe environment. For example, the “employers often locked doors” (Marrin 7). The employers and people in charge of the factory and company were not prepared.
The employer should then provide an accident report form, called “First Report of Injury”. A delay in reporting the injury increases the chance of the case being disputed. An injured employee then needs to file a 30C Claim Form, which is considered the “official
Brian Pickens Dr.Willams English 12 1 May 2016 Problem Statement The Research shows that concussions has required numerous players to retire early. The investigation indicates that countless NFL players that have died have had concussions or brain disease contribute to their death. “A total of 87 out of 91 former NFL players have tested positive for the brain disease at the center of the debate over concussions in football, according to new figures from the nation’s largest brain bank focused on the study of traumatic head injury.
The author uses pathos by shocking the reader with a unfathomable statistic on injuries in the workplace. He went on to state, “A brief description of some cleaning-crew accidents over the past decade says more about the work and the danger than any set of statistics. … Richard Skala was beheaded by a dehiding machine. … was pulled into the cogs of a conveyor belt at an Excel plant in Fort Morgan, Colorado, and torn apart. … fell from the top of a skinning machine while cleaning it with a high-pressure hose, struck his head on the concrete floor and died. …
In this case, a violation originally deemed willful was reduced to a “serious” violation, bringing the associated penalty down from $70,000 to $7000. Other serious violations were reduced from $7000 to $5000 because R. Williams is a small employer with no prior history of injuries or OSHA violations. I think if the company can provide solid proof of training to their employees and provide evidence that the company did everything to provide employees with the knowledge to work safely, they will not be at fault for the violations OSHA assigned them. An employee’s actions should be taken into consideration at all times, especially when there is an incident. I believe OSHA needs to conduct a full investigation in order to determine what actually cause these accidents and unsafe work conditions.
As stated in “Work-Related Injuries Among CNA”, a study by the U.S. dept. Of labor found that 65.8% of CNA workers have reported having more then one injury in the past year. After completing my research, this article made me realize how bad it is. If you are injured it will impact the ability of the CNA providing care to their patients. When you are injured or over work your body, you are literally losing strength and focus, which will impact the ability of your caring for your patients.
To give another illustration of workplace injury or accident, in the academic research I did, that discuss a case of three undocumented individuals that were physically and mentally injured. One of this individual is 28 years old, pregnant Martha Gomez. She works as a maid in a Los Vegas hotel. One day while working, she was brutally attacked by a stranger, who kept hitting and kicking her, crowded up in a fetal position Martha was typing to protect her unborn child. After the attack, Martha began to experience numbness, weakness on her body, depression and loss of memory.
Parts of equipment breaking and hitting the worker in the head is a common thing. More than 15% of concussions are from blunt force trauma to the head (Traumatic Brain). The workplace is the most common place for injuries. A workplace head injury is the most common injury in the workplace. There are many workplace injuries that are preventable, but there are many more that can not be prevented.
Herbert, an employee of Jazz Cola Company, while making deliveries to grocery stores, was listening to the truck’s radio set very loud with a heavy bass sound. He also had three beers when he stopped for lunch. During the afternoon shift, he ran a red light and crashed into a small car driven by Missy, a 17-year-old-girl. Missy had the green light but she was killed instantly by Herbert’s truck. Should Herbert’s supervisor or the company president be vicariously liable for Missy’s death?
Nothing is more important to Rio management than the safety of its employees and contractors. In 2014 there was one of the fastest rates of improvement in safety related performance within Rio. To minimize frequency of industrial accidents proactive reporting has been enabled minor events to be investigated and resolved before more serious incidents occurred, which has assisted in a further reduction in the overall severity of incidences and injuries. Still some incidents happened so to increase awareness around injury risks to specially hands and fingers( as it was found hand and fingers were more affected), a focus on red zones was prominent throughout 2014. Since the heightened awareness campaigns, no further serious hand and finger incidents have occurred.
Compensation is made regardless of fault. Nonetheless, the injury must have occurred in the workplace, and medical bills are paid from the company’s insurance. Therefore, the employee