(757) 455-8889

Workplace Fatigue and Workers’ Compensation

Many workplace accidents happen because workers are tired. Fatigue can happen for many reasons- working long shifts, not having work breaks, doing manual labor, and other reasons. In both North Carolina and Virginia, employees who suffer any type of injury due to fatigue can file a workers’ compensation claim – without having to show that their employer’s negligence is the cause of the fatigue.

The National Institutes of Health (NIH) states that fatigue is “broadly defined as a feeling or state of weariness, tiredness, or lack of energy. While fatigue can stem from a number of different factors, it is most commonly associated with insufficient sleep or rest.” More than 43% of workers suffer from sleep-deprivation. The workers most at risk work during the night, work long shifts, or work irregular shifts.

How does fatigue affect workplace performance?

Tired workers cause accidents in many ways including the following:

A reduction in focus and concentration
It’s easy to make judgment mistakes, overlook dangers, fail to read instructions or look for warnings, or communicate clearly when all a worker can think about is sleeping or napping. Workplace accidents due to fatigue can include falling because someone was too tired to clean up a spill or clear debris from the floor – or car accidents because a driver didn’t see an emergency unfolding in front of them – or didn’t respond quickly enough when they did recognize an emergency. Many workplace accidents happen even in the best of conditions. Fatigue only increases the odds of those accidents happening.

Inability to respond in a timely and proper manner
Many jobs require workers to think on their feet. First responders such as firefighters need to move quickly when flames change course. Construction workers need to react quickly if a crane or bulldozer moves into their path. Healthcare workers need to react promptly to protect themselves (and their patients) when symptoms occur. A delay of just a second or two can mean the difference between continuing a job and taking a trip to a local emergency room.

Poor judgment
Employees who are tired are more likely to take chances, act recklessly, or choose option A when option B is clearly the better choice. For example, a worker may choose to lift a heavy object on their own when enlisting the aid of another worker or using a mechanical device would be much safer.

But note: if you get hurt because you intentionally violated a known safety rule, this could prevent you from having a valid claim, especially in Virginia.

How can employers and employees minimize workplace fatigue?

Once an employee becomes tired, the best course of action is for the worker to take a rest break. Some jobs, like driving a commercial truck, require that workers stop driving after they have been on the road for a specific number of hours.

Employers and employees should not take chances when fatigue sets in – even if it means the job isn’t finished until a later hour or another day.

Some of the many ways employers and employees can reduce the risk of workplace fatigue are preventative. Common fatigue safety protocols include:

  • Providing regular rest breaks so a worker can physically relax and so they can also clear their mind for a short time. Rest breaks do more than help to prevent accidents. They also make workers more productive because alert workers work at a faster more efficient pace than tired workers.
  • Limiting the number of overtime hours and shifts. While employers like having workers work longer hours instead of hiring other workers, and employees like the extra pay – long overtime hours (especially without rest breaks) can cause workplace fatigue.
  • Understanding the type of work that people do. Generally, the more physically demanding a job is, the more rest a worker needs to do that job. Fatigue is not only a factor in causing accidents or the failure to respond in a timely manner to emergency situations. Fatigue can increase wear and tear on a worker causing overexertion which can lead to many types of stress-related injuries.

Administrative jobs can be mentally tiring. Even accountants who work at their desks all day long, need to stretch their legs and take a break from all the numbers they look at once in a while. Any worker who works with computers all day long can benefit from walking away from the computer screen for a short time to rest their eyes and improve their concentration.

  • Changing assignments. Employers and employees can both benefit if workers have some balance between manual labor and non-manual labor. Even workers who do manual work all day long can benefit from doing different types of work so they do not use the same muscles and joints all the time.
  • Being attentive to the elements. Working in hot weather increases the likelihood a worker will suffer fatigue.

Employers can also help their workers by understanding when multiple workers are necessary for a job instead of overburdening one worker. Employees can help themselves and other workers by admitting when they are tired and letting their employer or supervisor know of their fatigue.

According to the US Centers for Disease Control and Prevention (CDC), workplace fatigue can also limit short-term memory. Stress is another factor that can cause workers to become tired.

According to the Occupational Health & Safety Administration (OSHA):

“Studies show that long work hours can result in increased levels of stress, poor eating habits, lack of physical activity, and illness. It is important to recognize the symptoms of worker fatigue and its potential impact on each worker’s safety and health and on the safety of co-workers.”

Attorney Joe Miller has the experience and advocacy skills to help you if your injuries or illness are due to workplace fatigue. He has helped thousands of workers in North Carolina and Virginia obtain strong recoveries including payment of their medical bills, temporary disability benefits, and permanent disability benefits.

Call lawyer Joe Miller, Esq., at 888-667-8295 or fill out my online contact form to schedule a free consultation. We represent injured and ill workers on a contingency fee basis which means that we only receive compensation if your workers’ compensation claim is successful.

Our law firm does have a way for you to provide your details of your accident and injuries if you simply want to do that electronically from the comfort and safety of your home at any time of day or night. To utilize this service, simply click here: New Electronic Case Review.

We’ll get back to you, typically within 24 hours to provide our response as to whether your situation is one where we can provide you with legal representation. If we require more information, we’ll contact you and ask for that information in order to make that determination as to whether we are the best folks to assist you. If we ultimately determine that we cannot represent or assist you, we will not leave you high and dry. We’ll do our best to provide you with other resources to assist you.