work related Archives - The Law Offices of Roberto Hernandez, PLLC. https://hernandezinjurylaw.com/tag/work-related/ Law Firm Mon, 16 Aug 2021 11:01:24 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.1 https://hernandezinjurylaw.com/wp-content/uploads/2022/09/cropped-Asset-1-32x32.png work related Archives - The Law Offices of Roberto Hernandez, PLLC. https://hernandezinjurylaw.com/tag/work-related/ 32 32 Objects Falling from Store Shelves https://hernandezinjurylaw.com/objects-falling-from-store-shelves/ Mon, 16 Aug 2021 11:01:24 +0000 https://roberto.awebdevz.com/?p=7951 Shopping is one of my favorite activities to do.  I love to wander stores and look at items to buy new products that are available, or the latest and greatest gadgets. Whether in a department store, technology store, home goods store, or grocery store, I can easily get lost exploring.   While having a leisurely shopping […]

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]]> Shopping is one of my favorite activities to do.  I love to wander stores and look at items to buy new products that are available, or the latest and greatest gadgets. Whether in a department store, technology store, home goods store, or grocery store, I can easily get lost exploring.   While having a leisurely shopping day one of the last things on your mind is suffering an injury. Don’t be fooled, it can happen. While the thought may never have crossed your mind it happens more than you would guess – an object falls from an overhead shelf and serious injuries to a customer.  In fact, the Bureau of Labor Statistics reported that in 2017 nearly 237 deaths from falling objects occurred and roughly 50,000 injuries.
Unfortunately, stores can be a dangerous environment for their patrons.  Store shelves may be stacked too high or items may be placed precariously on overhead shelving units.  Shelves may also be overstocked with heavy items or boxes.  Too, many stores are crowded and many people can be on one isle or in a specific area. Another reason you may suffer an injury is that employees have not been properly trained or lack the appropriate equipment to stack or move products and objects.   Objects that fall onto store patrons can cause serious injury including neck, back, and head trauma.
When you are injured by a falling object, it may be grounds for a personal injury lawsuit.  Contact our offices today to discuss your rights with one of our professionals if you have been injured by a falling object.  Do not delay in doing so, as there may be evidence that needs to be preserved, including store surveillance.

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]]> Auto Accidents and Worker’s Compensation https://hernandezinjurylaw.com/auto-accidents-workers-compensation/ Wed, 14 Oct 2020 16:49:29 +0000 https://roberto.awebdevz.com/importance-voting-election-day-copy-2/ Do you have to drive for your work, or does your employment description involve running errands, transporting equipment, or visiting off-site places? Envision yourself out-and-about performing functions as an employee, taking care of your tasks proficiently, when you are involved in an automobile accident due to no fault of your own. This accident is not […]

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]]> Do you have to drive for your work, or does your employment description involve running errands, transporting equipment, or visiting off-site places? Envision yourself out-and-about performing functions as an employee, taking care of your tasks proficiently, when you are involved in an automobile accident due to no fault of your own. This accident is not just a minor “fender-bender” but causes you to suffer serious injuries. 

Typically, Utah Worker’s Compensation Act is an exclusive remedy for any injuries or losses suffered. At the same time, on the job, illnesses were sustained due to employment or death caused or contributed to by your work. Given this, employees are prohibited from suing their employer if they are receiving Worker’s Compensation benefits. 

Utah and Worker’s Compensation

There are exceptions to the exclusivity of the Utah Workers’ Compensation Act. These include (1) injury caused by a willful or intentional tortious act of an employer or another employee, or (2) your employer failing to comply with the state employer insurance requirements. Horvath v. Savage Mfg., Inc., 18 F. Supp. 2d 1296 (D. Utah 1998). This exception also pertains to automobile accidents involving the negligence of a third party. In this situation, you would be able to file a claim against the liable party’s insurance company. You may also be able to file for Worker’s Compensation benefits. 

Utah Code Ann. § 34A-2-106 stands for the proposition that if an injury or death is caused by the act of a third party, or person, other than the victim’s employer, that individual may seek benefits from the employer and maintain a separate action against the third party or person that may have caused or contributed to the accident or injuries. In this situation, if a personal injury settlement is obtained against a third party, compensation would need to be addressed for the Worker’s Compensation benefits that were received. 

Employee Duties with Employer Liability

Likewise, if you are driving for your employer, are within the course of scope of your employment duties, and happen to cause an accident, it is more probable than not that the insurance company for your employer will be liable for claims and damages. Indeed, I have seen many cases involving these questions to be highly litigated and contested. As such, I will not endeavor to begin a discussion involving these complex legal issues. Instead, I am merely stating your actions or negligence could lead to a liability claim against your employer.     

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