Do Injured Undocumented Workers Have Rights?
Undocumented workers in New York City occupy some of the most dangerous jobs in the country. These jobs often require massive construction and manufacturing equipment with harmful components, braving fast-paced city streets as delivery personnel, enduring extreme temperatures from outdoor work, or working extended and nighttime hours to make ends meet. Like most workers in these trades, the risk of occupational injuries is higher than others, simply due to the nature of the work. Unfortunately, what sets undocumented workers apart is the additional risk factors they face due to their immigration status. These risk factors are typically a result of unlawful and negligent practices, unfairly putting undocumented workers in danger and causing them to fall victim to preventable workplace accidents. Undocumented workers have the same right as American employees to a safe workplace and compensation to cover damages when occupational accidents occur. Sadly, many undocumented workers are unaware of their right to seek representation for their injuries or too frightened to report concerns that could save their lives. What High-Risk Industries Employ Undocumented Workers? The Occupational Safety and Health Administration (O.S.H.A.) reports that 12 workers die on average every day nationwide, while another 50,000 die annually from occupational disease. An estimated 8 to 12 million occupational injuries occur across all industries. Among these devastating numbers, most of the workers are immigrants and undocumented workers. Work industries with the highest concentrations of undocumented workers consequently also have elevated rates of injuries and fatalities to start. They include: – Construction; – Manufacturing; – Bricklaying; – Carpentry; – Ironwork; – Demolition; – Delivery drivers; and – Industrial bakeries. Workers in these industries are expected to operate heavy and dangerous machinery, work from elevated heights, close vicinity or directly in NYC traffic, and outdoors in extreme temperatures and/or warehouses without heat and air conditioning units. These trades commonly require long and nighttime shifts, which increases worker fatigue and the risk of employee error. Workplace injuries are often due to fall hazards, vehicle accidents, electrocutions, caught-in or between, and struck-by incidents. Why Do Undocumented Workers Have Higher Injury Rates? Despite performing the same work as American workers, injury rates for undocumented workers are far higher. Often, these injuries are 100 percent preventable and a result of employer negligence. Here are a few of the reasons we have seen why undocumented workers are getting injured on the job. Dangerous Assignments Undocumented workers are often assigned work tasks that are more dangerous than their American coworkers. Negligent employers who do not want to risk paying workers’ compensation (even though they are legally required to) believe that if they assign the high-risk tasks to undocumented workers, they will not be liable for injuries that result. Undocumented workers are no often part of a union and therefore less likely than other union workers to report safety concerns with O.S.H.A., even if their lives are at risk. Negligent employers count on this to get away assigning tasks that would not be unlawful to demand from a union worker. Guilt and Fear Undocumented workers are more willing to agree to take on unsafe or illegal tasks under the belief that they ‘have to.’ There is a fear among undocumented workers that if they turn down a task, they could lose their job or that their employer will try to deport them. Some negligent employers will go as far as to threaten deportation just to finish a project on time. Sadly, most of these negligent practices go under the radar until a fatality or catastrophe brings them to light. Lack of Training While some employers neglect to train undocumented immigrants due to rushed hiring, others provide inadequate training in languages workers cannot understand. Not understanding how to stay safe on the job or perform your tasks correctly significantly elevates a worker’s risk for injuries. Working While Injured Undocumented workers who are injured but still able to work are unlikely to seek medical attention. Some employers will tell undocumented workers that they do not qualify for workers’ compensation benefits when they do. The fear of having to pay for expensive medical bills out-of-pocket is substantial. Because of this, undocumented workers are much more likely to work through injuries and put themselves at risk for even more severe or fatal injuries in the future. Pandemic-Related Risk Factors Since the pandemic shutdown of worksites across NYC in 2020, thousands of workers have been working overtime to make up for lost income during these periods. Undocumented workers are more willing to take and keep unsafe jobs when they feel there are no other options. They are also more likely to work long, overnight shifts to secure extra income for their families. Additionally, undocumented workers who contract COVID-19 may be less likely to report illnesses out of fear of losing their jobs or income due to self-quarantine protocols. Unknown Rights One of the most prevalent reasons why so many undocumented workers have higher rates of workplace injuries is that they are unaware they have the right to fight back. Workers unaware of their rights are less likely to speak up when they experience something unsafe or illegal, thinking they have no power to ask for change. Undocumented workers have the same rights as all other American workers to a safe and healthy workplace. When injuries result from negligence, they can seek representation, compensation, and retribution from their employers. What Laws Protect Undocumented Workers? The laws that protect undocumented workers are the same for all American workers in New York State. Immigration status does not imply whether a worker can file a claim or a lawsuit against an employer for negligent practices. Employers who say or make threats to the contrary are breaking the law. These are the laws all undocumented workers should be aware of and how they can protect their rights after a work accident: New York State Labor Law The New York State Labor Laws protect all employees from foreseeable harm, requiring companies to provide
Can you Sue If You Didn’t Seek Medical Care After an Accident?
When someone suffers an injury due to an accident, the first step is often to seek medical care. However, there are instances when one may not immediately go to a doctor. Some such reasons are delayed symptoms, minor cuts/bruises, an assumption that one is not hurt, or the injury is not serious enough. In such a scenario, people may be left wondering if they can still seek compensation since they did not seek medical attention. We are here to answer that for you. Insurance Company Needs Medical Records It is as simple as that; an insurance company of the at-fault party will not give you compensation if there is no proof of your injuries. In that regard, medical records validating the severity and cause of the injury become pertinent. Since you will not have any documentation of your injuries whatsoever, it is very simple for the insurer to reject your claim. Hence, every personal injury attorney will always advise you to seek medical attention after an accident regardless of the severity of the injury. Taking too long to seek medical care In an alternate scenario, if one takes too long to seek medical care, they may also face some issue in recovering their compensation. Here’s why. It is best to have medical documentation as close to the date of the injury as possible, preferably the same day. But the longer the gap, the more complicated the claim becomes. It is so because the insurer may argue that since you took so long to seek treatment, it is likely that injury was not serious enough and one is not entitled to the compensation they’re seeking. The onus of proving damages lies on the plaintiff In a personal injury case, the victim must show that the at-fault party’s negligence caused the injuries as well as the damages that led to incur expenses, suffer losses, or experience emotional anguish. In that case, if there are no medical records, it is difficult for you to prove the existence of injuries as well as the fact that the seriousness of the injury led to other expenses as well. What to do if you get injured? As the top injury attorneys in New York, we advise to ALWAYS seek medical care as soon as you get injured. The severity of the injury does not matter. It is absolutely critical that you visit a doctor and get medical attention as well as adequate documentation. It will make the process of getting the deserved compensation simpler. At the same time, remember to keep your medical records safely as well as track/journal all the appointments and treatments that you took. If you or someone you know has suffered an injury due to someone’s negligence, you need a top injury attorney, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury lawyers. Our consultation is free and we do not charge a fee unless we win your case.
Line of Duty Injuries – Police Officers, Firefighter, EMS/Paramedics
First responders, that is, police officers, firefighters, EMTs, and other emergency responders, put themselves at risk everyday to save lives of fellow New Yorkers who are in danger. These injuries can lead to long-term implications for their health as well as their employment. Some accidents and resultant injuries can leave them unable to do their job, leaving them financially vulnerable. However, there are legal provisions for first responders in case they get injured in the line of a duty. Common fatal and non-fatal injuries among police officers, firefighters and EMS include: Accidental shootings Pedestrian vehicular accidents Motor vehicle accidents Falls and slips Overexertion Impact with objects or equipment Fires, explosions, and exposure to harmful substances such as chemicals Extreme weather Sprains and strains to muscles, joints, etc. Bruises, contusions Burns, scalds Thermal stress such as frostbite Broken bones Back injury or pain, soreness, etc. Please note that this is not an exhaustive list but the most common injuries to occur. This paints a grave picture of the risks that our first responders face every day. Moreover, these injuries require long-term and expensive treatment. Unfortunately, in cases where these accidents are fatal can leave the families of these heroes vulnerable. Moreover, even though the first responders are aware of the risks of their jobs, it is difficult to be prepared for the consequences should an accident occur. What happens if a police officer is injured in the line of duty? Police officers who are injured in the line of duty have the right to sue other people or entities who are responsible for their injuries. Under General Municipal Law 205-e, any police officer in the state of New York who is injured or killed in an accident can file a lawsuit for the person or entity responsible for their injury or death. For wrongful death lawsuits, the survivors of the deceased police officer can file a lawsuit on their behalf. What happens if a firefighter in injured in the line of duty? Under General Municipal Law Section 205-a, firefighters or their families have the right to file a lawsuit and seek recovery for their damages when they suffer injuries or death in the line of duty. Under this law, a claim can only proceed if the injury or death was the result of a violation of any statute, code, regulation, or rule recognized by the jurisdiction where the accident occurred. If the injury or death was sustained in the line of duty and was caused directly or indirectly by any violation that had a “practical or reasonable” connection to the injury, a firefighter can recover for his or her injury.
Got Injured at Work but Can’t Sue the Employer? Here’s What You Can Do
While common, workplace injuries are an unfortunate occurrence in the United States. These injuries can occur due to various reasons that may not be in the control of the employee or employer in question. However, in some scenarios, the injury may occur due to someone’s negligence such as the employer or a faulty equipment or another co-worker. In such a case, the injured employee can file for settlement and take legal recourse. However, there are scenarios where the employee cannot sue the employer. These are often third-party liability cases. Here’s what you should know about it as shared by a top injury attorney. What is third party liability in work injury cases? Third party liability injuries refer to cases where the injury caused to the worker is because of negligent actions or omissions by a third party. Third-party liability may arise when the entity or person that has caused the injury is separate from the employer but the accident has occurred at the workplace. A few common examples of third-party liability are injuries due to manufacturing or design defects, drivers who cause accidents that injure a worker on the job, and owners of businesses that a worker visits as part of a job. What happens if you get injured due to third party negligence? With third-party liability claims, similar to other scenarios, it is required that you prove the third party’s fault, omission or negligence. To prove the third party’s negligence, the injured party needs to prove damages, causation, duty, breach of duty. However, in cases where the injury is a result of product-related defections and the victim makes the claim against the product manufacturer, it may be possible to file a strict liability claim. In this case, the manufacturer can be held liable by proving that there was a defect and that it caused the injury. What should you do if you get injured due to third party negligence? First and foremost, seek medical care as early as possible. Thereafter, maintain all documentation relevant to the accident. This could include medical expenses, transportation expenses, loss of income/wages, and other such tangible expenses. It is also important to account for pain and suffering caused due to the injury. Moreover, proving negligence can be a complex process especially since a third party is involved and you may not be liable for a worker’s compensation claim, hence, consider working with a personal injury attorney to get the rightful claim for your injuries. If you or someone you know has been injured due to third party negligence at their place of work, you need the top injury attorney, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
Medical Negligence While Getting a Cortisone Shot for Shoulder Pain? Here’s What You Can Do
As per the most recent available data, 7.5 million people seek medical care for shoulder injury in the United States every year. Any sort of physical activity, including sports, heavy lifting, etc. can put you at the risk of a shoulder injury. Some common types of shoulder injuries are sprains and strains, rotator cuff tear, dislocation, frozen shoulder, joint tears, and tendinitis. The treatment can vary from oral medication to physiotherapy to surgery depending on the degree of the injury. Similarly, in some cases, one may need cortisone shots to reduce inflammation and pain in the shoulder. Cortisone is especially meant for inflammation and pain in joints including knee, shoulder, elbow, etc. Since cortisone is a steroid, there is a risk attached to it. As per evidence available, an increase in steroid injections to treat pain may result in severe complications such as paralysis and even death. These complications, if a result of doctor’s negligence, can be considered medical malpractice and the patient is owed compensation. In such a case, it is best to work with a medical malpractice lawyer. While doctors have been administering cortisone, there is evidence to suggest that it may have adverse side effects. Some of the known side effects of cortisone include nerve damage, infection, cartilage damage, tendon weakening or rupture. These could occur due to recurring use or very large doses of cortisone. In cases where a health care worker negligently administers repeated or high-dose cortisone injections can put the health of the patient at risk. Hence, it is imperative that the doctors administer extreme care while prescribing as well as giving cortisone injections to their patients. If they fail to follow due diligence, they can be held liable for medical malpractice. If a patient suffers severe complications due to cortisone injection, and these complications can be tied back to negligence by the physician, they’re owed compensation for their suffering. This suffering can include long-drawn medical treatment such as multiple surgeries to rectify the damage as well as other issues such as loss of quality of life, loss of wages/income, pain and suffering, etc. To prove negligence and medical malpractice, which can be a complex and long process, it is best to work with a medical malpractice lawyer to get the compensation you deserve. If you or someone you know has suffered severe complications due to cortisone injections and resultant medical malpractice, you need the top injury lawyer, contact Siler & Ingber today. Call us at 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced medical malpractice lawyers. Our consultation is free and we do not charge a fee unless we win your case.
What to Do If You Suffer a Burn During a Liposuction Procedure
Liposuction procedures have been around for a while and evolving with changing technology. Currently, laser liposuction procedures are common and growing in the United States. However, no matter how sophisticated the technology, there is always a risk of burns for varying reasons. In such a case, it is best to work with a burn injury lawyer as you’re owed compensation for the burn injuries you sustain. Process followed in a liposuction procedure There are two types of liposuction procedures. While traditional liposuction is done using a metal tube that pulls out fat out of a person’s body, on the other hand, laser liposuction, is a more recent method that uses heat to melt fat cells. This liquified fat is absorbed through the patient’s lymphatic system, and any remaining fat is suctioned out. Laser liposuction is typically an outpatient procedure, that is, a patient does not need to be admitted to a hospital. Risks involved in laser liposuction While the results are immediate, risks are involved for someone going through a laser liposuction procedure. Some common complications include third degree burns, charred tissue, scarring, or infection. All of these, while avoidable, can cause excruciating physical pain as well as mental trauma. Moreover, these complications are often a result of someone’s negligence. Common reasons of complications While reasons for complications can be many, when we talk about negligence-related causes, the most common cause can be lack of skill of the professional undertaking the procedure or conducting the procedure on someone who was at high risk due to an external factor. It is important for the professional to collect all required information to make sure that the person going through the procedure is eligible for it and to minimize the risk as far as possible. That being said, if the burn injury and subsequent complications have occurred due to negligence of the professional, you’re owed compensation. Here’s what to do if you get burn injuries during a liposuction procedure Proving negligence in a burn injury due to liposuction can be complicated. It is best to work with a burn injury lawyer who can help you with receiving the settlement you deserve. They will account for your physical injuries as well as other factors such as pain and suffering, loss of wages, loss of enjoyment of life, etc. that are a result of this accident. If you or someone you know has suffered a burn injury due to someone’s negligence, you need the top injury attorney, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
What to Do if You Get Injured in a Restaurant?
A meal in a restaurant is often a break from stressful and chaotic everyday life. But it can very well turn into an unpleasant experience if you end up injuring yourself, that too, due to someone’s negligence. In such a case, you’re owed compensation for your injuries and a personal injury attorney can help you out. Common types of injuries in a restaurant One of the most common injuries sustained in restaurants is slip and fall accidents. These can be a result of a fall on an uneven pavement just outside the restaurant (an area that falls under the ownership of the restaurant), inadequate lighting in the parking lots that can lead to car collisions as well as poses risk for people who may be walking towards their car or the restaurant from the parking lot. Another common reason can be slipping over spilled food or drinks that have not been cleaned and no warning has been placed by the staff. Restaurant owners have a responsibility toward their customers It is the responsibility of the restaurant owners to keep the premises safe for those who visit. If for a specific reason, an area cannot be kept safe, the onus of warning the customers also lies on the owners. Importantly, if an injury occurs on the premises of the dining area, parking area, or any other area that falls under the ownership of the restaurant, the owner can be held liable. The restaurant owes the highest duty of care to its customers, and this duty of care may be extended to other visitors as well such as those who are there for business purposes etc. If someone is injured due to the above or any other reason in a restaurant, and the responsibility lies on the owner, then you’re owed compensation for your damages. In this case, damages most often include medical expenses associated with the injury and the damage to clothes or other personal items as a result of the accident. Lost wages, pain and suffering, and emotional distress are also a part of the damage. It is important to remember that, if need be, the court may also evaluate the injured party’s behavior. It is so because the customers also have a duty to act with reasonable care while in a restaurant. For example, if the customer doesn’t pay attention to a warning, they may be considered comparatively negligent. Here’s what to do if you get injured in a restaurant If you get injured in a store, it is best to hire a personal injury attorney to get you compensation for the damages incurred. Moreover, it is even more pertinent to work with a personal injury lawyer in this case because proving the negligence of the restaurant can be a complex and cumbersome task. If you or someone you know has been injured in a restaurant due to someone’s negligence, you need the top injury attorney, contact Siler & Ingber today. Call us at 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
What to Do if You Get Injured in a Store?
A routine shopping trip to your favorite store can turn into a nightmare if you end up injuring yourself at the store, especially with no fault of your own. And, this is more common than you think. The last available data suggests that in the United States, approximately 85000 store-related injuries occur each year. This involved injuries to children and adults (customers and workers). If you’ve been injured as a customer in a retail store due to someone’s negligence, read on to know what to do. And I can guide you. Common types of injuries in a store The most common causes of injury are falls and slips, collision with an object or person, falls from carts. Moreover, children under the age of 5 have the highest rates of injury, mostly due to falls from carts. Adults over the age of 65 had the second highest rates of injury, typically resulting from falls that may or may not be caused by specific store-related objects. While some injuries may be caused due to no fault of others, there are scenarios where negligence by the store administration can lead to accidents. For example, if someone suffers a fall if they trip on a wet floor that did not have a warning board placed appropriately, the store is responsible for causing that injury. Other common causes of injuries caused due to store staff negligence include: Merchandise falling from overhead shelving Debris lying in the vicinity of the store Sharp corners of shelves Broken or missing handrails from stairs/escalators Broken or damaged shopping carts Store owners have a responsibility towards their customers Retail store owners have a duty of care towards everyone in the premises. This goes beyond customers and includes staff, delivery drivers, wholesalers, etc. Duty of care refers to the responsibility of the store to be careful and do everything reasonable in their power to avoid anyone from getting injured while on the property. When someone is injured due to failure in duty of care, the store is considered negligent in their duty of care and they are liable for the damages caused. Damages include medical expenses associated with the injury and the damage to clothes or other personal items as a result of the accident. Lost wages, pain and suffering, and emotional distress are also a part of damages. Here’s what to do if you get injured in a store If you get injured in a store, it is best to hire a personal injury attorney to get you the compensation for the damages incurred. Moreover, it is even more pertinent to work with a personal injury lawyer in this case because proving negligence can be a complex and cumbersome task. If you or someone you know has been injured in a store due to their negligence, you need the top injury attorney, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
How Does a Lawyer Arrive at the Value of a Claim?
Often after suffering an injury due to someone’s negligence, we hire a personal injury attorney to help us navigate through the complexities of the law and guide us on the best way forward and get the compensation we deserve for our sufferings. But have you ever wondered how a lawyer arrives at the value of your claim? We are here to guide you on the process that a personal injury lawyer follows: Medical expenses – You ought to be compensated for your current and expected medical treatment. This may include covering medical devices, pain management therapies, physical therapy, and transportation to go to your doctor. Pain and suffering – Although intangible, pain and suffering is a part of all injuries. Your personal injury lawyer may arrive at this amount by calculating your actual economic loss and multiplying it by a preset number. That being said, all accidents vary in nature and the extent of damages, hence, it best to consult a personal injury attorney to help you out. Emotional distress – Various issues such as insomnia, depression, anxiety, post-traumatic stress disorder are common after injuries. Therefore, it is imperative that you’re compensated for them. Leave it to your lawyer to arrive at the compensation for you. Lost income – It could so happen that the injury you have sustained has compelled you to miss work. In such a scenario, you should be compensated for these lost wages. Importantly, if any injury that you have suffered is long-term or permanent, you should receive 100% of your lost income as compensation. Lastly, if the injury has reduced or hampered your capacity to work and earn the income you did before, then the compensation you deserve is the difference between your income before and after the injury. In addition to the above, there are two more factors that may be considered while arriving at the value of your claim. They are as follows: Comparative negligence – This refers to a situation where the injured party is partially responsible for the accident in question. Hence, in this scenario, the damage claim may be reduced as per the extent to which you are responsible. For instance, if you were 40% responsible, then your claim amount will also reduce by 40%. It is very important to note that if the injured party is found to be 51% or more responsible, they will not receive any compensation. Insurance limits – Often, it is the at-fault party’s insurance company that covers the claim of your personal injury. However, insurers will only pay the amount that falls in the limit of the policy. If you or someone you know has been injured due to someone’s negligence, you need the top injury attorney, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
Fitness Equipment Injuries
A recent spike in Peloton injuries is causing safety experts to sound the alarm for any Americans looking to up their fitness game. In May 2021, the U.S. Consumer Product Safety Commission (C.P.S.C) announced a recall of Peloton’s two treadmill models (the Tread and Tread+) after 72 injury reports surfaced of adults, children, and pets becoming pulled under the belt of the machine. At least 29 of these reports resulted in children sustaining injuries, including broken bones, lacerations, and severe abrasions. Tragically, one of these incidents resulted in the death of a 6-year-old who became stuck under the moving belt. These fitness equipment injuries are not isolated to at-home machines. According to C.P.S.C., more than 526,000 Americans are injured using exercise equipment every year, both at home and in the gym. At least 43,000 of these incidents result in severe and fatal injuries. While there are thousands of ways to injure yourself while working out (overexertion, inexperience, fatigue), fitness injuries resulting from the negligence of a third party are the worst. These accidents can occur at any time, even with people who work out frequently, and are 100 percent preventable when safety standards are met. The Most Common Fitness Injuries The idea behind fitness equipment is to help people stay in shape and create a healthier lifestyle, but that doesn’t mean they are safe. Fitness equipment often operates at high speeds, with accelerated force, or with ample amounts of weight. When machines are poorly maintained, contain defects, or are not appropriately secured, devastating accidents can occur. Some machines are more prone to accidents than others, regardless of whether they are used at home or the gym: Treadmills and Ellipticals: These two machines consistently top the list of the most dangerous fitness equipment on the market. The fast-moving belts and pedals create a perfect environment for people, objects, and pets to become stuck and caught, similar to the Peloton tragedies mentioned above. System defects on these machines can be deadly and may result from poor maintenance or product failures. Many Americans over the years have also reported terrifying incidents of being unable to stop or exit these machines, leading to traumatic injuries from jumping or collapsing. Stationary Bikes: Stationary bikes have several components that can lead to injuries if the equipment is not maintained correctly. Seats, handlebars, pedals, straps, belts, and gears can break, collapse, or detach during use. Spin class bikes are especially dangerous when not properly maintained as they endure high-impact workouts for long periods. With an uptick in at-home cycling due to Peloton and other new-age stationary bike trends, cycling injuries have risen. Indoor cycling programs that are too intense, bikes without proper maintenance instructions, and defects found in at-home models are only some accidents occurring since the pandemic. Weights: Weight machines and free weights can result in terrifying accidents and pose the risk of crushing injuries when all goes wrong. Common causes of weight machines include broken or worn cables and pully apparatuses, system malfunctions, mismarked weights, and tipping of unstable devices. Free weight areas can also pose a risk of injury when cluttered, unorganized, and standing weight racks are not adequately secured or damaged, causing them to break and fall. Cluttered Areas: Workout areas and gyms that are cluttered are breeding grounds for slip, trip, and fall accidents. Gyms are full of weights, machines, bands, towels, water bottles, bags, and hundreds of other objects that can quickly clutter a space and make it harder to see spills when they occur. Without ample room to move and proper storage space, gym members can (and often do) slip, trip, and fall in walkways, dressing rooms, and weight areas. Personal Training Accidents People who seek personal training are committed to their fitness journeys and looking for a personalized plan to meet their goals, but personalized does not mean safe. Thousands of people have sustained injuries over the years from negligent programs and trainers that have put them in harm’s way rather than in shape. Personal trainers and coaches are responsible for meeting their client’s needs without putting them at risk of injury due to inexperience or overexertion. When trainers push too hard to create a workout plan far beyond the capacity of the person they are training, serious health injuries and conditions can arise. Injuries occurring from negligent personal training may result from both the personal trainer and the gym that employed them. Gyms that hire personal trainers without safety training, supervision, background checks, and adequate qualifications could also be liable for any injuries from an accident during a session. Common Injuries from Fitness Equipment Fitness equipment can be heavy, fast-paced, and require significant force to operate. The injuries sustained from these machines can be determinantal, especially for first-time users. The most common injuries resulting from fitness equipment injuries include: – Traumatic brain injuries; – Spinal cord damage; – Chest injuries; – Fractures and broken bones; – Amputations; – Severe abrasions; – Soft tissue damage; – Nerve damage; – Sprains and strains; and – Facial and eye injuries. Fitness injuries can happen at any time but must include one of the following circumstances: – Poorly maintained equipment; – Equipment defects; – Inadequate instructions for care and use; – Missing safety features; – Cluttered or unorganized facilities; – Lack of proper hygiene practices; and – High volume use. Involved in a Fitness Accident Fitness equipment accidents are preventable when adequate safety measures are in place. Gyms are responsible for taking care of their equipment, testing, and replacing damaged pieces when they could cause injury. Fitness companies who manufacture at-home workout equipment should be taking proper care of their consumers by ridding their equipment of defects and errors and consistently re-testing products to ensure ongoing safety. When these steps do not occur, negligence may be at fault for your injury. If your fitness equipment accident was the result of negligent practices, you might be eligible for compensation. We recommend hiring a personal injury attorney to help you explore your options and find the support you
