Question

James Reece is employed on a permanent basis as a Mason with Baxter Ltd . One day he was working on replacing blocks on the main building, when one block fell from his hand and struck. Beverly, a passerby on her arm causing a fracture. Beverly approaches you and ask for advice. Please advise her citing the appropriate case law.

Answer 1

In the background, the James Reece is employed as a Mason on a permanent basis with Baxter Ltd. While he was on the work on replacing the blocks on the main building, and one block fell from the top from his hand and struck, and it causes a fracture in the arm of Beverly. As an advisor, the Beverly approaches for the advice and need to cite appropriate case law for justice.

Background

High frequency and depth of incidences related to the job accidents, the major irregularities that cause them, and the serious grievances that resulting from them are issues for society as well as communities. Nevertheless, it is crucial for the employer to be vigilant, aware of the liability or debt arising from work accidents, financial penalties, and legal consequences, as well as for the major awareness of the legal rights of employees in case of work accidents. An employer has core responsibility for the health, security, and safety in a place of work and the role of the advisor is to ensure the best possible legal benefits to the clients by observing the case from both perspectives.
Workplace safety law and legal aspects consist of federal and state laws, regulations imposed on the organizations, businesses in an effort to keep employees safe and secure from harm, illness, or death. These regulations and rules apply to nearly all the private sector employers and companies. The standards are in right place to reduce or lower the risk of accidents, harms, and illnesses in the workplace, construction sites, warehouses, and the government agents have the right authority to investigate violations, charge necessary case files under the laws, and issue citations for noncompliance order. The offenders are subject to penalties, monetary fines, capital punishments, and in certain cases, imprisonment, lockups, and high criminal penalties.

Analysis

As an advisor, the role is to track the employer and employee side of safety, precautionary actions, and regulatory norms with respect to investigate the core issues and check the guidelines with respect to the accident. The major role is to handle the case and overseeing the accident for ensuring legal support to the client. If any failure in the third party employer side in safety, the party can bypass the worker's compensation system norms and file a lawsuit in civil court.

The advisor ensures the existing company norms, the Occupational Safety and Health Administration, (OSHA) that provide a series of regulations, standards with expectations for a variety of segments. In addition to legal regulations regarding the machinery operation, safety norms, and more hazardous nature worksites, the administration also create and issues guidelines on routine safety issues, such as fall hazards, trips, and promotes the importance of proper training, development of security, and education to prevent injuries or accidents. Under the Occupational Safety and Health Act (OSH Act), this regulation or legislation can be viewed in terms of the rules, rights it creates for the workers, and the obligations that place on their employers.

(1) Identify the place, person, and circumstance.
(2) Log the accident in the right channel (The name, gender, date of birth, and job title).
(3) Scope of the formal investigation and check the reporting (internal and external characteristics).
(4) Fill up the complete legal norms, like report injury, occurrence, and case)
(5) Review the complete risk assessment.
(6) Report to the company and the leadership team.
(7) Ensure the incident is reported in the companies to log through records.
(8) Report the incident under the law, and start a proper investigation.

Once the claim is active, the need for legal assistance, law advisor becomes more urgent and crucial. An internal investigation is guaranteed by the company and its attorney will assist to determine if the employee's claim is valid, and what required steps are necessary to deal with the issues. In these cases, the external advisor to Beverly, check with the internal investigator about the case and check the background, safety parameters, and scope for any violations of the law to safeguard the rights of the party under the Occupational Safety and Health Act (OSH Act). The compensation or the penalty is guaranteed in case the other party violates the existing safety standards or legal aspects.