A Workplace Injury Turns Your World Upside Down
Increasing fitness and wellness is a fast-growing pass time at home and in private gyms. More people are jumping on the fitness bandwagon by eating more healthily and visiting their favorite gyms. Many of these folks hire the gym's fitness trainer to get them on the right and proper fitness path.
You would think that when a gym hires a personal trainer, that trainer knows what they are doing when it comes to using gym equipment and formulating the correct exercise plan for each client. You would think that personal gym trainers know how not to get injured. A gym that hires a personal trainer could be held liable if the trainer becomes injured on the job and if the injuries came about through the gym owner's negligence.
The gym owner can ask the trainer for a waiver of liability if an injury occurs to the trainer while on the job. Many gym owners mistakenly think that a liability waiver prevents a trainer from seeking action against them or someone else associated with the gym. The judicial system considers these gym liability waivers as a disfavored document. Many lawyers claim that these contracts or waivers of liability are not worth the paper they are written.
The trainer must remember that the gym is not the only defendant in the trainer's injury case. It is our job as attorneys to determine who is a fault for your injuries. All wrongful accidents/injuries/death cases deserve some compensation to help pay for the negligent accident expenses. Each state may have specific laws set in place, so gym owners can refer to particular legal laws to establish liability when they are at fault. We know the laws in the state of Georgia.
What Does the State of Georgia Say About Gym Owners and Their Liability if a Trainer Is Injured on The Job?
A work injury can cause a major disruption in your life. In the case of a negligent injury lawsuit or wrongful death, the gym can be held responsible if the gym did not have the appropriate life-saving equipment or did not employ the proper life-saving measures. In many situations, the gym is held accountable for negligent actions towards the trainer.
- Trainers can become careless while working on a familiar routine.
- Gym equipment can malfunction while being used by the trainer and cause them injury.
Personal Trainer Requirements
There are far too many gym trainers across the United States who do not have a college degree, proper fitness, wellness education, or education in human anatomy and physiology. Trainers must sign a contract if the trainer desires work at a gym. Many times this contract includes a waiver of liability from trainer injuries. The trainer is forced into signing a contract that includes this waiver or they do not get a job.
What happens when a trainer is injured? Injuries can occur due to,
- The trainer pushing themselves too hard and too fast
- Lack of knowledge regarding human anatomy and physiology
- The gym is not safely maintained.
- The trainer is too familiar with their routine and becomes hurried and careless.
Contracts presented to a potential trainer are more or less a take it or leave it contract and is known as an adhesion contract. If the trainer becomes injured on the job and the court sees their contract as an adhesion contract, the court may find the gym owner's contract to the trainer unenforceable.
Our attorneys look at the following to determine negligence and find the contract unenforceable.
- Did the trainer push themselves too hard during their routine?
- Is the gym poorly maintained?
- Is the equipment poorly maintained?
- Are the gym and its premises considered dangerous?
- Did the contract meet the expectations of the trainer? If not, then the court will not likely enforce the adhesion contract.
A Call to Action for a Negligent Accident, Injury, or Death Claim
If you are a personal trainer and sustained injuries at your gym while on the job due to another person's negligent actions, contact an attorney as soon as possible.
We want to review your case no matter if you signed a liability waiver or not. Contract issues are complicated and complex. Injuries on the job mean that you likely need time off to heal those injuries.
Are you losing your income being off work?
How intense are your injuries and are they permanent?
What if you were injured permanently and can never return to work? What are you to do?
We represent a wide array of accident/injury/death claims including trainer injury claims on the job at a gym.
We review your case's facts to determine if we can get you compensation for mounting medical bills and lost income. There are a host of issues that require you to pay for due to your injuries. Filing a lawsuit for compensation is a start to helping you get through these injuries. A monetary settlement for your injuries, pain, suffering, loss of wages, and much more takes an enormous burden off your shoulders. A work injury can cause a major disruption in your life, and we can help you recoup some of your losses.
