Young Retail Employees More Likely to Get Injured: Can I Sue My Employer?

 Posted on January 06, 2023 in Workers' Compensation

Many retailers are especially generous this year, accepting returns through the end of the month. ‘Tis the season for holiday returns and busy retail workers tending to one customer after another. In their dash to get their work done, retail workers often slip and fall. Research shows that slips, trips, and falls are common causes of injuries in retail stores. Each year about 100,000 young workers between the ages of 16 and 24 are injured on the job, and one out of four young workers is injured in a retail job. Fortunately, worker’s compensation will typically cover employees for injuries at work, but what if that is not enough and you want to sue your employer?

Why are Young Workers Getting Injured?

Falls from portable ladders are one of the leading causes of occupational injuries. But everything from a sprained wrist to a concussion can take someone out of the workforce for some time. In retail settings, the hazards are many. Slippery floors, lack of experience, and inadequate safety training increase injury risks for young workers.

A Closer Look at Worker’s Compensation

In the state of Illinois, employees are covered by workers’ compensation. Employees are entitled to financial compensation if they suffer an injury at work, including disability benefits in some circumstances. In Illinois, employees can get these benefits no matter how the injury happened, even if they caused the injury. As a result, an employee is rarely able to file a lawsuit against their employer. However, there are some exceptions.

Green Light to File a Lawsuit

If you are a young worker injured on the job there are some very specific circumstances in which it may be possible to file a lawsuit against your employer. They include the following:

• The employer intentionally harmed you, such as physically assaulting you.

• The employer failed to carry the required workers’ compensation insurance required by law.

• The employer knew the dangerous conditions in the workplace and did nothing to remedy the situation. The employer’s actions must be egregious, not merely negligent, for someone to be able to file a civil injury lawsuit.

OSHA Safety Tips

If you see something you might slip or trip on, tell your supervisor right away. Make sure walkways and stairs are free of tripping hazards, including cords, hangers, and clutter. Make sure that floor mats lay flat rather than wrinkled or bunched. And always use caution when using a ladder, making sure it is fully open.

Contact a Peoria Worker’s Compensation Lawyer

At Kanoski Bresney, our Springfield worker’s compensation attorneys help injured workers seek financial compensation for their damages. These can be challenging cases. Call 888-826-8682 for a free consultation and we will try to help you file a civil personal injury lawsuit if necessary.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

https://www.cdc.gov/niosh/topics/retail/slips.html

https://www.assp.org/society-update-news/2016/06/23/tips-for-protecting-young-workers-in-retail