Monthly Archives: November 2014

Slip/Fall and duty of care – the property owner’s responsibility

Knowing the Basic Elements of a Slip and Fall Claim

Slip and falls are one of the leading causes of accidental injuries in the United States. In fact, these unfortunate instances account for nearly 9 million emergency room visits annually. While young and old people get involved in such mishaps, the elderly are considered high risk with one-third of those who are age 65 or older suffering falls every year.

More often than not, slip and falls occur because of dangerous conditions such as slippery or uneven floor or walking surfaces, unlighted staircases or corridors, and other circumstances. These conditions are usually caused by property owners’ failure to provide ample warnings about hazardous conditions. Generally, those who manage their own properties must exercise a duty of care towards those who visit or enter their premises.

If you are a victim of a slip and fall, it would be best for you to not only to seek immediate medical attention for your injuries, but also to obtain legal assistance from a slip and fall lawyer.

After hiring an experienced personal injury attorney, said attorney will take steps to establish evidence of the other party’s negligence in order to recover damages.

Specifically, your slip and fall claim will usually be comprised of the following elements:

• The owner of the property owed you a duty of care. That person or entity has a duty to ensure that the premises are safe based upon his or its ownership and management of the property.

• The owner of the property breached or violated that duty of care. The responsible person or entity simply failed to ensure that the premises were safe. Also, if there is an existing condition that could be hazardous to anyone visiting the premises, that person or entity failed to provide warnings about said condition.

• The failure to uphold duty of care resulted in an accident that caused your injuries.

• You incurred damages as a result of your injuries.
When presenting Nano-Grip to a property owner it’s important that they understand their responsibility to maintain a safe workplace, called duty of care in legalese. If steps are not taken to ensure  safe walking surfaces they have exposure for liability claims if someone should be injured on their property.

To have your facility inspected by a Nano-Grip applicator call 855-687-0976 for a referral.

Workplace safety and prevention saves money

Based on a report from the Ontario (Canada) Workplace Safety and Insurance Board (WSIB)

Nano-Grip creates and invisible tread pattern which makes floors slip resistant when wet.

How prevention saves a small business money

Oct 09, 2014

All too often, people see health and safety as a cost rather than a savings. But investing in health and safety is a solid business strategy that can protect your people while improving profitability.

Ontario’s Workplace Safety and Insurance Board (WSIB) has calculated the average compensation cost of a claim in 2010 to be over $19,000. This is just the direct cost. Associated costs could total three to 10 times that amount. In other words, preventing an injury could save your business from $19,000 to $190,000.

Avoidable direct costs include:

  • lost productivity and revenue
  • surcharges and lost revenues
  • Ministry of Labour orders.

A detailed breakdown of associated costs provided by Ontario’s Workers Health & Safety Centre provides additional insight into the full costs of an injury. Taking these potential costs into account can help you allocate resources where they’ll provide the greatest return.

Capital costs

  • maintenance/repair of damaged equipment/machinery
  • expedited depreciation of damaged equipment/machinery
  • removal/disposal of damaged or redundant equipment/machinery
  • loss/removal/disposal of damaged raw material or product
  • clean up and/or maintenance
  • equipment/machinery rental
  • purchase and installation of new equipment/machinery
  • other workplace modifications
  • Administrative costs
    • managing the incident scene
    • investigating the incident
    • filing and managing claim and claim process along with other WSIB ramifications (e.g., Workwell Audit)
    • dealing with Ministry of Labour (MOL) inspectors and orders
    • managing return to work or modified work
    • rescheduling/reassigning staff
    • recruitment
    • developing new work procedures
    • external OHS services (consultants, engineers)
    • in-house activities (promoting awareness and prevention efforts)
    • developing, implementing, evaluating and maintaining new health and safety policies and procedures
    • developing, implementing and maintaining a preventive maintenance program
    • developing, implementing and maintaining new hazard or job specific training
    • negotiating/working with a union or workers

    Employee-associated costs

    • higher absenteeism
    • higher turnover
    • overtime (to cover productivity shortfalls)
    • wage supplements, benefits (to the injured worker or family in the case of a fatality)
    • wage/benefits of replacement worker

    Insurance costs

    • higher WSIB premiums
    • WSIB penalties/surcharges
    • higher short/long term disability benefits/premiums

    Legal/regulatory costs

    • legal costs, fines, indemnities
    • expert witness fees
    • MOL orders – cost of compliance

    Production costs

    • loss of skilled/productive worker
    • replacement worker who is less productive/may produce lower quality product or service

    Intangible business costs (damage to your business reputation)

    • diminished attractiveness to potential employees and customers
    • lower retention of existing workers and customers
    • damaged corporate image and public trust

    None of these categories take into account the physical, emotional and financial harm injuries can cause workers, including:

    • acute and chronic pain and suffering
    • loss of income and accompanying economic uncertainty
    • emotional and financial losses experienced by their families, friends and community.

    A safe and healthy workplace is good for business. It protects workers from injury and illness, lowers injury/illness costs, reduces absenteeism and turnover, increases productivity and quality, and makes the business a more appealing prospect for employees and customers.