ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Sunday, January 14, 1996 TAG: 9601120073
SECTION: BUSINESS PAGE: G3 EDITION: METRO
COLUMN: Working It Out
SOURCE: CAMILLE WRIGHT MILLER
Q: Several of us have fallen entering our building because of a low spot on the sidewalk where ice forms. Our manager knows about it, both from our falls and his own slips. Still, nothing's been fixed.
A: You have personal and, possibly, legal remedies to ensure the safety of workers. Meet with your manager. Request immediate repairs. If the manager won't arrange for necessary repairs, don't threaten legal action - but do seek legal help.
John E. Lichtenstein, a lawyer with Lichtenstein and Fishwick in Roanoke, notes that "private landowners have a duty for the safety of others." Ownership of the building may be held by someone other than your boss, but that doesn't mean repairs shouldn't be made.
Your goal is to create a safe working environment for yourself and others. However, there are complications.
The situation - involving worker's compensation, possible personal injury suits, and the ownership, management and maintenance of the property itself - is complex.
Lichtenstein says workers compensation is a "no fault insurance where "the injured party does not have to prove fault, simply that he was injured during the course of his employment." In general, workers who are covered by workers compensation can't file both a claim and a personal injury suit against their employer. You'll be compensated for medical expenses and time missed, but that doesn't solve the bigger problem.
Personal injury suits, on the other hand, are often used to correct situations. These proof-based fault systems carry the burden of proof throughout a trial. As such, you might have to demonstrate you didn't contribute to your injury, that the manager knew of the danger, and that the manager refused to repair a problem.
Lichtenstein sees defendants often claiming "contributory negligence" or "assumption of risk." Contributory negligence, in this instance, could be that the danger is well known and through inattention to the ice the employee is injured.
The assumption of risk defense could suggest you were aware of the danger of walking over the area and assumed the risk by using the walkway.
Lichtenstein believes knowing about the problem and allowing so many to be injured could result in the defendant being found "grossly negligent for having been aware and people repeatedly injured."
While it's preferable to resolve issues internally, when safety is disregarded it's time to ask for outside help.
Q: I'm adding several critical projects to my staff's already heavy workload. I've been told there will be no extra pay, just longer hours. How can I reward them?
A: List the positive aspects of these projects. Does successful completion of the projects mean more money later? If so, ask for a commitment to reward employees once benefits have been realized.
If project completion is necessary for survival of the organization, financial rewards are unlikely. However, successfully concluding the projects will mean continued work and pay for staff.
Then, identify benefits you can offer staff members. Do staff members need time off for family or other commitments? Can work be delegated, shifted to another department, or transferred to a temp?
Once you've outlined the full scope of the projects, meet with your staff. Give them as much detail as possible. Discuss the benefits offered to make the load more bearable. Ask for cooperation.
Honesty, coupled with a genuine effort to reduce the problems, should gain support. Throughout, give extra attention to showing appreciation for what employees are giving.
Q: Because of personal problems, I'm having trouble staying focused on my work. I need to get and stay focused before I don't have a job to concentrate on.
A: Remind yourself that you won't be able to solve any problem until after work. But promise yourself time to deal with problems immediately after work.
Identify your most pressing project. Make a list of what must be accomplished to finish it. Estimate the time needed for each step.
Gather the materials needed and fill your coffee cup. Once you begin, don't move from your desk. Small side trips block concentration.
Note the time needed to complete the first step. Periodically check the clock to see how you're progressing. When you become distracted by your problems, recognize the thoughts as legitimate. Then remind yourself you'll devote time after work to those problems. Use this to prompt yourself to return to your work.
While listing and using prompts helps most folks focus, some personal problems take on a life of their own. If forcing concentration isn't possible, talk with a professional. Counselors help develop coping skills, redefine problems, and identify alternative solutions.
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