Articles Tagged with Boston work accident lawyer

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Electrical burns can cause serious injury, and may result in substantial time off work. If it happens on-the-job, you may be entitled to compensation.

The Echo Park Patch reported recently two workers were seriously injured while working in an electrical vault.  An electrical vault is an underground room or chamber, typically made of metal or concrete, that provides access to subterranean electrical conduits.  They are in major cities that have underground utilities that are used by workers who need to access the grid.  There are also vaults for access to gas and water or sewage pipes in most major cities.  While they are supposed to be safe, there are many workplace accidents that occur in these utility vaults.

Boston Work Accident This particular accident occurred when the workers came in contact with electrical equipment that was charged with current, according to authorities.  The current discharged from the equipment into the two workers and caused them to suffer a critical personal injury.  Others on the scene immediately called for help and could get them out of the vault.  However, they had to be extremely careful, as there was still the possibility of an electrical discharge.  This incident caused a partial blackout in the neighborhood surrounding the site of the on-the-job accident. Continue reading

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What does it mean to be an “employee” for the purposes of obtaining workers’ compensation?

A recent case from the Nebraska Supreme Court deals with the issue of defining what it means to be an employee for the purposes of obtaining workers’ compensation.  In that case, putative employer was the owner and sole proprietor of a company.  He normally works alone, according to court records, and performs carpentry services.

Boston Workers' CompHis carpentry work is normally done in the capacity of a subcontractor, meaning a general contractor hires him to do work on a building project.  His son is also a sole proprietor of his own company and does work on roofing and guttering on construction projects. Continue reading

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Workplaces are rife with all sorts of hazards that could result in a worker being forced to seek medical treatment, and perhaps lose wages for the inability to work. These dangers vary depending on the the type of industry and role of the worker.

For example, workers employed by big box retailer tasked with placing merchandise on a high shelf module, or “gondola” as they are called in the retail industry, could be at risk for being struck by heavy items falling. This could result in serious head injury, or perhaps a broken foot. Such an incident would likely result in workers’ compensation benefits.

handHowever, it is important to keep in mind that these benefits are not only for workplace injuries, but also work-related illnesses.  There are many examples of work related illnesses.  In some cases, such as with workers at a hair or nail salon, the constant exposure to toxic chemicals can result in skin conditions and respiratory disease.

Although workplace illness is no less compensable than workplace injury, proving a claim may require more legal legwork.
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According to a recent news article from CBS News, a worker was killed on Capitol Hill in Washington, D.C. died in what investigators are calling a freak accident.  The worker was a pipefitter employed in the Maintenance Division of the Capitol Grounds.  He had been working in this capacity for many years.

TreeAuthorities say the fatal workplace accident occurred a few minutes after 9 a.m. when a massive branch fell off an American oak tree.  Victim was working on some irrigation pipes near the tree when the branch snapped off and landed on him.  As there is no shortage of police on the Capitol grounds, it did not take long for first responders to arrive. Continue reading

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According to a recent news article from KFDM News, the father of an employee of a packaging plant has filed a wrongful death action after his son died while on the job.  This worker and two of his colleagues were killed during an explosion at the packaging plant that occurred in February.

weldingThis workplace accident that resulted in the death of three workers and several other workers being injured is still under investigation.  As is the case with any fatal workplace accident, the U.S. Occupational Safety and Health Administration (OSHA), with the help of local personnel and law enforcement agencies, is conducting the investigation. Continue reading

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A recent article from Huffington Post features a commentary from a labor union president arguing that safety violations resulting in the death of workers should be punishable by prison time instead of mere fines, as if often the case. Every 12 days, a member of his union or one of their coworkers is killed in a workplace accident. This, he says, has been the status quo for a long time.

truckThe deaths he is talking about are not only preventable, but quite horrific.  He discusses how workers are crushed by heavy equipment, drowned in vats of toxic chemicals or even burned to death.  After these deaths occur, they will happen again and again to other workers, and this is what he is trying to stop. Continue reading

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There is no question that working on the side of a highway or even doing roadwork in downtown Boston can be extremely hazardous.  This is the reason there are so many safety campaigns that urge drivers to slow down in work zones and be careful to assure that nobody is injured or killed.  It is also the reason speeding fines are often doubled in work zones and additional penalties are added.   Most of us have probably noticed the signs warning drivers to slow down because “my mommy works here” or something similar.

construction hatIt is dangerous whether you are working as a heavy equipment operator or some other job, such as being a flagger.  In fact, standing in the middle of the street or road flagging traffic and telling drivers to stop or drive slow is probably one of the most dangerous jobs you can have.  This is true in Boston and just about anywhere else in the country.   Continue reading

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In Massachusetts, the workers’ compensation system is codified in a section of the Massachusetts General Laws known as the Workers’ Compensation Act (WCA). The WCA provides that whenever an employee is injured on the job, that injured employee shall be entitled to workers’ compensation benefits, and the worker shall not be required to prove the employer was negligent in connection with the workplace injury.

shipThis is beneficial to the employee, because it will often take much less time to get approved for a workers’ compensation claim than it would take to settle a civil personal injury or to take the case to trial, should a fair and appropriate settlement not be reached. However, as an advantage to the employer, the employee is not able to file a civil personal injury lawsuit after an on-the-job injury in the vast majority of cases.  This limits their exposure, as there are no damages for pain and suffering or punitive damages.   Continue reading

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In a workers’ compensation action, claimant can request money for past medical bills associated with the on-the-job injury, lost wages, future medical expenses and the cost of rehabilitation.  Unlike in a civil personal injury lawsuit, the claimant cannot ask for benefits for pain and suffering.  However, also unlike a civil personal injury action, the claimant in a workers’ compensation case doesn’t have to prove any negligence of behalf of his or her employer or a fellow employee.

golf cartIn a case from the Louisiana Supreme Court, a golf cart hit claimant while he worked at a youth ranch.  According to his filing for benefits, he alleged that the golf cart collision resulted in him suffering a head injury and injuries to his shoulder, back, one wrist, hip leg, knee, and ankle. A pain management specialist treated him, and that medical professional recommended the employee receive treatment using a device known a spinal cord stimulator.   Continue reading

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In a recent case from the Oklahoma Supreme Court, an injured employee filed a lawsuit against her employer, who allegedly refused to comply with valid orders from the workers’ compensation court following an on-the-job injury.  Claimant further argued that this unwillingness to follow the orders of the workers’ compensation court were done in bad faith, and this would make the claim actionable before a civil court with subject matter and personal jurisdiction.

upsetIn this case, plaintiff argued that the workers’ compensation court had ordered her employer to compensate her following an on-the-job injury, but the employer failed to follow this order on 26 separate occasions through their bad faith in providing her with the benefits to which she was entitled. The benefits in this case were awarded for her temporary total disability. Continue reading