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Workplace Fatigue In Workers’ Compensation Cases
Many workplace accidents happen because workers are tired. 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.
- 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.
Written by:
Joseph A. Miller
Workers Compensation LawyerAttorney Joe Miller is a seasoned personal injury lawyer with more than 30 years of experience representing accident victims across Virginia and North Carolina. Known for his client-focused approach, he combines deep legal knowledge with compassion to help injured individuals secure the justice and compensation they deserve. His dedication has earned him a reputation as a trusted advocate both in and out of the courtroom.
When someone’s life is turned upside down after an accident, my job is to shoulder the legal burden so they can focus on healing. Every client deserves a voice, and I make sure it’s heard loud and clear—whether across the negotiating table or in the courtroom.
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