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JULY 27, 2020

What warehouse workers should know about premises liability

Warehouse workers can pursue premises liability claims against their employer if they are negligent in their duty to protect their workers from risks.

What should warehouse workers know about premises liability? Who is liable when a worker is injured in a forklift, pallet tipover, or truck accident at work? Loading docks, forklifts, and conveyor belts make warehouses an inherently dangerous place to work. Every day, warehouse workers risk a potential slip and fall accident, caught-in-between accident, crushing injury, slip and fall accident, or overexertion injury. Next to construction, transportation and warehousing are the most dangerous job sectors in the United States. Employers in Kansas have a duty of care to protect their workers from these risks. When they are negligent in that duty, workers can pursue premises liability claims against the employer.

Forklift Accidents

From 2011 to 2017, a total of 617 workers were killed in forklift accidents. Each year, approximately 7,000 nonfatal injuries requiring days away from work are caused by forklift accidents. These accidents include individuals who are caught in or compressed between equipment and objects, individuals who are struck by the forklift, falls to lower levels such as falls from loading docks, and accidents involving pedestrians or commercial motor vehicles.

Roughly 25% of these accidents are due to poor training of forklift operators. Other causes include failure to properly illuminate warehouses and loading docks, failure to mark travel lanes properly, and failure to secure barriers that prevent falls to lower levels.

Warehouse Workers, image

Slip and Fall Accidents

Slips, trips, and falls claimed the lives of 887 workers in 2017. This was an increase from 849 lives lost in 2016. Of these, 22 fatalities occurred at storage facilities or warehouses. In all, 290,660 workers suffered a slip, trip, or fall that required time away from work in 2017. Warehouses are inherently dangerous for these types of injuries.

Different floor surfaces, moisture on the floors of refrigerated units, poorly lit loading docks and storage rooms, shadows cast by stacked pallets, etc. can significantly increase the risk of a slip, trip, or fall for a warehouse worker.

Overexertion Injuries

Overexertion injuries are common for warehouse workers. These types of injuries include neck injuries and muscle strains, sprains and tears, tendon/ligament injuries, nerve injuries, and injuries to joints. In all, warehouse workers in 2016 recorded a rate of 5.1 injuries for every 100 full-time employees. This was considerably higher than the 3.2 recorded for all industries.

How Kansas Stacks Up

In 2018, warehouse workers in Kansas faced a significant risk of injuries requiring days away from work. In all, the Labor Market Information Services recorded an incidence rate of 3.8 injuries requiring time away from work per 100 warehousing and storage workers, and an incidence rate of 3.4 per 100 for individuals working in transportation and warehousing.

Warehouse Workers, image

Liability for Warehouse Accidents

Employers have a duty of care to employees to ensure that warehouses and the equipment they contain do not pose an unnecessary safety hazard for employees. This includes ensuring that all flooring surfaces are properly maintained and cleaned. It includes repairing and replacing damaged lighting fixtures. It includes the installation of safety barriers and guardrails on loading docks and stairwells. When employers fail to take reasonable precautions to protect employees from serious personal injuries or wrongful death accidents, employees can pursue premises liability claims as a result of their employer's negligent actions.

Our Wichita based personal injury lawyers are accident attorneys who have offices across Wichita and in Garden City. Our team will instantly go to work to prove accident injury victims are not at fault. You can use our contact page or get a free call at our Wichita offices at 316-684-4400 and our Garden City office at 620-843-2855.

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