Massachusetts Workplace Injury Matters
Thousands of workers are injured or killed on the job every year. Companies must inspect each workplace with safety engineers and provide safety programs, but unfortunately accidents still occur due to the inadequacy of these provisions.
When an accident occurs, the owners, architects, insurance
companies and manufacturers of equipment can be held responsible
for inadequate safety provisions. The general contractor and
all subcontractors are required to provide a reasonably safe
site, to warn of hazards inherent in the site and work, to hire
careful employees, to coordinate job safety and to supervise
compliance with safety specifications.
Third Party Negligence
Manufacturers of construction equipment are responsible designing and maintaining safe products. Defective or dangerous products may include the following: scaffolding, cranes, power tools, derricks, hoists, conveyors, woodworking tools, ladders, winches, trucks, graters, scrapers, tractors, bulldozers, forklifts, back hoes, heavy equipment, boilers, pressure vessels, gas detectors and other types of construction equipment.
It is often possible to find liable third parties in the event
of an accident or injury. Since most sites involve many subcontractors, it is very common to locate
several potential third party Defendants. The lawyer may also
consider claims against the general contractor, who may be responsible
for supervision and my be contractually responsible for the injury.
In more complex cases, the legal principles of Agency and analysis
of Corporate law may lead to sophisticated determinations as
to who is technically an "employee" and who the "third
parties" are in a given situation.
Workers' Compensation
Workers' Compensation law is designed to help injured
workers as well as employers in dealing with the problems of
health insurance. The Workers' Compensation Act provides benefits
to workers who are injured on the job or suffer an occupational
disease arising out of and in the course of employment. The benefits
under Workers' Comp include weekly payments based on a percentage
of the employee's average weekly wage for temporary total disability,
partial disability, permanent and total disability and permanent
loss of function and disfigurement. Workers' Comp also covers
medical expenses for treatment that is reasonable, necessary
and related to the industrial injury and vocational rehabilitation
services.
Unfortunately Workers' Compensation alone may be insufficient
compensation especially in the case of very serious and catastrophic
personal injuries. As indicated above it is necessary to look
for a negligent third party such as the manufacturer of a dangerous
or defective product, improper safety devices or some other party
who is at fault. These cases require immediate attention and
expertise because the responsible third party may be difficult
to locate and evidence (such as a piece of defective machinery)
needs to be preserved.
Submit Your Case to Massachusetts Attorney
Finder for a free evaluation.
Please fill out the information and write an informal
case description in the form below. You will be contacted by
a Massachusetts attorney who handles workplace injury law.
Don't Wait
Whenever you believe you have a claim against someone in an accident, you should seek legal advice as soon as possible in order to protect you right to sue. In Massachusetts, you have three years from the date of the accident to file a complaint against the other party (ies) involved. Nevertheless, you should always seek advice at the earliest stage possible. If you do not, it may seriously jeopardize your case: your attorney needs to act quickly and preserve the evidence: memories fade, witnesses disappear, vital records and reports are lost without quick action.
