Whether continuing education and working part-time, or working full-time, enthusiasm sometimes overrides focus on performing tasks with long-term health and safety in mind.  Society encourages the “do-er” and people are told they have to pay their dues to earn their way in the job culture.  The reality of today’s economy, many companies in various industries are cutting costs and expecting more from their employees. 

Construction and service industries are some of the most physically demanding jobs a worker can be exposed to on a daily basis.  By and large construction companies do offer health and safety training, particularly those paying contributions to WSIB (Workplace Safety and Insurance Board.). Typically, the training is geared to high-risk tasks – fall arrest, respiratory safety, confined-space safety, WHMIS (Workplace Hazardous Information System,) etc.

One of the most common injuries is lower back pain, contributing to 18% of employee claims, according to WSIB this year.  What is difficult about this issue is a claim that may discover the worker’s injury is in part due to a pre-existing condition.  Though the claim may not be denied, it’s important to understand Ontario is the only province in Canada without a policy dealing with pre-existing conditions.  When someone finds themselves in the unfortunate situation of having suffered this injury at work, it is important to seek the advice of a personal injury specialist in addition to immediate medical attention.  

An aging workforce are some of the most vulnerable people for this type of injury.  The personal injury specialist can advise one on how to circumnavigate all legal avenues where a dispute with an employer over the injury exists.  Fortunately for the worker, consultation with an expert is free, and when a legitimate claim is identified, typically fees are not collected until a successful resolution is concluded.

Where the economy is forcing workers into longer hours with labour-intensive work, fatigue is inherently the risk factor.  Pressures forcing a deadline often lead to ignoring what the body can endure, resulting in repeated strain.  And workers are often at the mercy of their culture… to perform until the job is done. 

Having said lower back injury claims amount to 18%, it is also reported that sprains and strains are the most common injury reported as 40% of claims.  It’s all connected in the body.  When one area of the body is strained, another part of the body will overcompensate.  When the back goes out, it’s excruciatingly painful, and takes a great deal of therapy for even short-term recovery.  Inevitably, it’s a long-term injury and requires very careful management.  Those are key points to remember when trying to assess what the true cost is to an individual. 

The law firm of Paciocco & Mellow aims to help provide you with Peace of Mind at a Difficult Time. Contact the Windsor personal injury lawyers at Paciocco & Mellow at (519) 915-SORE (7673). We can provide you with a free, no obligation initial consultation.  

You’re dying to go next door to see your neighbour’s renovation.  They’ve been at it for months.  Inside, outside, from open concepts to new “grotto” patios.  But, you’re not exactly friends.  Every time you ask “How’s it going?”  They give you the same, flaccid reply, “Well, it’s still going.  We’re getting there, slowly.”  Finally, you decide one day, you’ll just wander over and have a look.  After all, it’s hard to tell you to your face to go home if you’re standing there. 

The contractors are working, there’s a buzz of activity, and you see the homeowner outside, milling about.  That’s your cue.  You wander over casually and with quiet humility, you offer your most polite pleasantries and keep walking towards the homeowner pretending you can’t hear them dissuading your advances. As you walk, focused on their face, taking great study of their body language, you completely ignore what they’re saying and stumble over some equipment cords, falling in and out of a deep hole, then tripping head-first into a pile of rubble.  Instead of getting the anticipated tour, you’re seriously injured.

After first responders are called, and the scene subsides from the obvious chaos, you end up at the hospital with serious, but not life-threatening injuries.  Despite jeopardizing neighbour relations, you’re still quite upset, believing the hazardous areas of their property should’ve been identified, preventing you from injury.  And, the homeowner is mad at you! 

Should you sue?  Do you even have a claim?  It seems reasonable that you do.  It could’ve been anyone who got injured and you think the homeowner should know better since their renovation project has gone on for months.  The injuries you sustained were clearly a case of negligence.  Safety should be “their” priority.  There’s only one nagging concern…  You weren’t invited over.  You were in fact, trespassing.

Homeowners do have the burden of having to provide a safe environment on their property when hosting others.  Renovations present circumstances where life-threatening hazards may constitute negligence.  Under Canadian tort law (from the Latin word “tortum,” meaning wrong or injustice,) there is a special section called, “Premises Liability Law,” dealing with issues specifically related to a property owner’s accountability and obligations.  And low and behold, a trespasser is also covered under tort law – to some degree.  Despite breaking a law by trespassing, they can still make a claim against the homeowner where personal injury was due to negligence.  So, game on you nosy neighbours but, trespassers beware…  Bring your hard hats, safety glasses, and steel toes!

The law firm of Paciocco & Mellow aims to help provide you with Peace of Mind at a Difficult Time. Contact the Windsor personal injury lawyers at Paciocco & Mellow at (519) 915-SORE (7673). We can provide you with a free, no obligation initial consultation.