Fall accidents are one of the most common and often one of the most serious types of injuries suffered by employees in the Commonwealth of Massachusetts including the greater Boston area. Under the workers’ compensation system, an employee must file a claim with his or her employer as soon as possible following a fall accident. However, it is also essential that an accident report be generated and filed with the worker’s employer.
This means that all employees who are injured on the job should immediately report an accident to their employers. While some accidents are obviously serious, and your supervisor will be made aware immediately, other accidents may not seem as serious at the time.
For example, if you are working in a loading dock, you might fall off the edge and hit the ground. While a fall from this height could cause serious bodily injury, and= employee might simply be in pain and try to walk if off and go back to work. Many employees are afraid to file a claim or report an injury, because they think it will get them fired. In the commonwealth of Massachusetts, it is unlawful to retaliate against an employee for filing a workers’ compensation claim. While this does not mean it never happens, it does mean that you would have a claim for workers’ compensation and a claim for retaliatory termination of your employment. It should be noted that every case is different, because the facts are never the same, and you should speak with an experienced Boston workers’ compensation lawyer about your particular situation.
One of the problems that can occur by not immediately reporting an accident is that an employee may find out the injury was much more severe than he or she initially thought. It may take a few days or even weeks to find out how severe the workplace accident was, and by that time, it will be more difficult to file a claim and collect workers’ compensation benefits. While this is not always the case, an employer or his or her insurance company may claim that the accident was not the result of the on-the-job injury, since the employee did not immediately report it to his or her supervisor.
According to a recent news article from the Boston Herald, a construction worker was injured after falling approximately 15 feet. First responders were immediately called to the scene and provided immediate medical attention. EMTs treated him and transported him to a local Boston hospital for further treatment. It is not yet known what the total extent of worker’s injuries were and whether or not they were life threatening.
It should be noted, a fall of 15 feet could result in death or serous injury especially if the worker hits his or her head. A traumatic brain injury (TBI) can leave a worker unable to resume his or her employment and will require a permanent total disability rating. This would mean that the worker will continue to receive a maximum benefits award until he or she reaches the age of Social Security retirement benefits.
If you or someone you love has been injured in a Boston work accident, call for a free and confidential appointment at 1-888-367-2900.
Official: Construction worker takes 15-foot fall, December 28, 2015, Boston Herald, By Matt Ingersoll
More Blog Entries:
Elevator Mechanic Killed when Falling Down Shaft, Jan. 24, 2015, Boston Workers’ Compensation Lawyer Blog