Workplace Injury Lawyers
Employers are obliged to provide a safe environment for their employees, including maintaining premises free of unnecessary hazards, maintaining machinery and equipment in good working order, and providing workers with the training, supervision, and personal protective equipment they need to do their job safely. If you get hurt at work, you might rely on Massachusetts workers’ compensation benefits. But employers and their insurers are constantly on the lookout for ways to deny your claim or cut off your benefits early by disputing the extent of your injury or claiming it was not job-related. Even if you do get your benefits, you’ll find they only compensate you for your medical expenses and a portion of your wages.
If you are out of work and hurting, you need compensation for the full amount of your lost income as well as the pain and suffering you are going through, particularly if the accident was someone else’s fault. You might have options available to you beyond workers’ comp. The Massachusetts workplace injury lawyers at Scalli Murphy Law will take the time to investigate the accident and explore your options for financial recovery. We want to help you get the maximum benefits so you can heal as thoroughly and rapidly as possible while continuing to provide for your family. If you were injured while working outside of Massachusetts, anywhere in the United States or elsewhere in the world, do not worry we can help and are happy to do so.
On The Job Injury
It is commonly believed that workers’ compensation benefits are your only option when you’ve been injured on the job, but that is not necessarily so. If a third party (not an employee or employer) is responsible for the accident, you likely have a negligence claim against them that you can pursue for the full range of legal damages, including pain and suffering. A negligent third-party could be, for example:
- A manufacturer or contractor who delivers defective or faulty equipment to the worksite, such as power machinery or a broken ladder, or negligently erects a scaffold or crane
- A motor vehicle accident that occurs while you are on the clock traveling between worksites, picking up materials, or if a negligent driver drives onto the property and injures you.
- A slip and fall while you are working on another’s property, due to an unsafe condition on the property (not something you were there to fix)
Construction Site Injury
Construction work is dangerous work. More than one in five private-sector worker deaths occur in the construction industry. The Occupational Safety and Health Administration (OSHA) has found that more than half of construction worker fatalities are attributable to four main types of accidents. These “fatal four” are: falls, struck by an object, electrocution, and caught-in/between accidents. Developers, contractors and property owners could greatly reduce these risks if they provided a safe environment and made sure construction workers were given the tools and safety equipment appropriate for the job. Scalli Murphy Law helps Massachusetts construction workers injured in all type of situations, including:
- Ladder falls
- Scaffold collapses
- Crane collapses
- Forklift and Industrial vehicle tip-overs and back-overs
- Trench collapses, unguarded trenches and asphyxiation during excavation
- Electrocution from contact with overhead or underground power lines, ungrounded metal scaffolding and surfaces, lockout/tagout failures
First Responder Injury
Police officers, firefighters and emergency medical technicians are exposed to risk of serious and deadly harm on the job every day. What many do not realize is that factors unique to a first responder’s job also place them at a much higher risk for hypertension (high blood pressure), heart attack, stroke, diabetes, post-traumatic stress disorder, and a whole host of other severe medical conditions. At Scalli Murphy Law, we take special pride in representing those who put their lives on the line to serve and protect the public. We can help you navigate the complicated process of recovering compensation for physical and mental injuries and other unique needs.
Additionally, most first responders fail to realize, when they are in a motor vehicle accident while on the job caused by another motorist, the first responder not only has a workman’s compensation claim for wages and medical payments but also has a claim against the at-fault driver for full compensation for all losses, harm, and damages including for pain and suffering.
OSHA Violations
OSHA’s job is to set standards and conduct workplace inspections to enhance worker safety and eliminate worker deaths. OSHA safety standards apply to occupations and industries across the board and can be very general or very specific. OSHA has the power to fine companies out of compliance with the law, and workers are legally protected from retaliation for filing an OSHA complaint when they see standards being violated. The top ten most frequently violated OSHA standards are:
- Fall protection, construction
- Hazard communication standard, general industry
- Scaffolding, general requirements, construction
- Respiratory protection, general industry
- Control of hazardous energy (lockout/tagout), general industry
- Ladders, construction
- Powered industrial trucks, general industry
- Fall Protection–Training Requirements
- Machinery and Machine Guarding, general requirements
- Eye and Face Protection
Any OSHA violation resulting in injury or any OSHA violation merely present when a worker is injured, is often enough to prove negligence and help an injured worker receive recovery compensation.
Failure to Provide Safety/Emergency Equipment (Defibrillator/AED)
Defibrillators can save lives. They are a primary lifesaving response to a heart attack, the leading cause of death in the U.S. Automated External Defibrillators (AEDs) are required in many places in Massachusetts, including courthouses, government buildings, schools and health clubs. Other workplaces and public spaces may also choose to provide access to AEDs for the safety of employees, customers and members of the public. An AED must be maintained to keep it working properly, however. Sadly, many property owners fail to inspect, repair and maintain their AEDs, or they fail to keep them fully charged or powered with fresh batteries or they fail to train their staff how to administer. Nothing seems as tragic as a needless heart attack death when a defibrillator was available but unusable due to lack of maintenance or simple “how to” training. We demand justice for victims and families and fight to hold the responsibilities parties accountable for their failures.
Dedicated Legal Help With Workplace Injuries in Massachusetts
For help with any Massachusetts workplace injury, including toxic or chemical exposure or other hazardous or dangerous conditions, call Scalli Murphy Law at 617-387-7000. Our devoted team will thoroughly investigate the accident and all avenues for compensation, advising and representing you for the maximum financial recovery available.
