According to a recent news report from Safe to Work, a second accident involving a piece of equipment known as integrated tool carrier, or IT carrier, has occurred within a relatively short period of time. This incident occurred in March. There two workers in the basket were working on excavation and removal of two large pipes running under the city sidewalk.
The lift was raised nearly as high as it could, and it would provide the workers access to the pipe labeled for removal. However, after reaching its maximum height, the person in control decided to just tilt the basket upwards and diagonal to get the workers even closer to the pipe being removed.
However, one of the workers was leaning over the basket at the time and was crushed between the wall and the basket. Being crushed in between the wall and the bucket caused him to suffer a severe head injury, which is actually fairly common in Boston workplace accidents.
Authorities say the worker had only been on the job a short period of time and was still undergoing the required safety training. The maneuver of using a tilted workbasket was not something that was taught in training or included in any of the training materials. This was just a maneuver they were using while trying to get the job done when nothing else seemed to work.
One thing to keep in mind is that it is not necessary to prove any fault of negligence on behalf of the employer to collect in a workers’ compensation case. The reason for this is because the system was established as a no-fault system, where it is only necessary to prove that the worker was injured on the job and the worker was a statutory employee and not an independent contractor. It should be noted that many employers, especially those in the construction industry, like to claim that their employees are really independent contractors in order to avoid paying workers’ compensation benefits. However, just because they are independent contractors does not mean that everyone working for them is also an independent contractor.
In exchange for not having to prove fault on behalf of the employer, the employee is not entitled to pain and suffering damages, as is possible in a personal injury lawsuit. However, this does not mean that if a third party is responsible for the workplace injury, the injured employee cannot pursue a claim against the negligent third party. This is one of the major exceptions to the single recovery doctrine and is most commonly applied when a worker is injured in a car accident caused by a person who does not work for the same company as the injured employee.
However, if a worker collects workers’ compensation benefits and then files a lawsuit against a third party or enters into a settlement with a third party, the plaintiff may have to reimburse the employer’s workers’ compensation insurance company for any money paid out in benefits to avoid a double recovery.
If you or someone you love has been injured a Boston work accident, call for a free and confidential appointment at (617) 777-7777.
Another worker injured in IT work basket crush incident, Safe to Work, June 8 ,2016, By Cole Latimer
More Blog Entries:
Scope of Employment in Workers’ Compensation Cases, March 29, 2016, Boston Workers’ Compensation Lawyer Blog