In my workers comp law practice, I help injured workers collect benefits under the Massachusetts workers compensation law. One problem that I see from time to time is when workers delay reporting the work accident to their employer.
In my experience, delays reporting a work injury usually occur because (1) the worker is not aware of the severity of the injury at the time of the accident or (2) the worker fears that he/she may be fired for reporting a work accident. For whatever reason the worker may delay reporting the accident, it is a mistake not to report the accident right away even if the worker does not lose time from work because of the accident.
Problems that may occur if you don't report your work accident right away:
- Employer and workers comp insurer may deny that your accident occurred
- Workers comp insurer may deny your workers comp claim
- You may have to wait for months without workers comp benefits or medical coverage while you wait for your claim to be processed at the Department of Industrial Accidents
What should you do after a work injury? Report it to your employer right away. Make sure that your employer makes a record in your personnel file about your accident. Most companies do this by completing an accident report used by your employer.
If you are seriously injured or think that you may be seriously injured, you should seek medical attention immediately and go to the emergency room or see your primary care doctor. Be sure to give an accurate and complete description of your work injury and tell the doctor or nurse exactly how the injury happened. Make sure the doctor or nurse understands that you were injured at work. Your bill for this medical service should be submitted to and paid by your employer's workers compensation insurance company. Your employer is legally required to provide you with the name and contact information for its workers compensation insurance company. If they don't, you can search for the name of the insurer on the Department of Industrial Accidents website.
If you continue to work after a work injury and, later, you re-injure yourself in a subsequent work accident or as a result of doing repetitive work activities or repetitive heavy lifting, you should report the re-injury to your employer and fill out a new accident report. Document the prior injury and describe how you re-injured yourself at work. Then, you should seek immediate medical attention at the emergency room or your primary care doctor. Again, be sure that you provide the doctor or nurse with a complete history of your injury including the original work accident and how your re-injury occurred at work.
If you have any questions about Massachusetts workers compensation benefits or if you have been denied workers comp, you should contact an experienced workers comp attorney.
Copyright © 2011 John J. Sheehan
Three construction workers were injured last Friday, September 23, 2011, when hundreds of pounds of rebar fell on them briefly pinning them. The workers were inside a pit preparing the foundation of an 18 story office tower that was under construction. As reported by The Boston Herald, other workers on the construction site removed the steel rebar using a crane. The Boston Fire Department responded and provided emergency medical treatment to the workers who reportedly suffered leg and arm injuries. OSHA is investigating the cause of this construction accident.
A construction worker injured on the job in Massachusetts is entitled to workers compensation benefits for his/her work-related injuries. These workers comp benefits may include:
In addition to workers compensation benefits, an injured construction worker may be entitled to pain and suffering compensation for a third-party, such as the general contractor or a sub-contractor, who negligently caused the construction accident. For example, OSHA regulations provide that the general contractor has a non-delegable duty to provide all workers on the job site with a safe work place and to ensure that the work is done in compliance with OSHA safety regulations.
If you or a loved one have been seriously injured in a construction accident, you should contact an experienced workers compensation lawyer immediately. It is important to investigate all your potential legal rights to compensation for your work injuries including workers compensation benefits and and a potential third-party claim.
Copyright © 2011 John J. Sheehan
WCVB TV Boston reported that a 27 year old man from Lynn, Massachusetts was killed in a car accident yesterday on Route 93 in Somerville, Massachusetts. The accident occurred in Sullivan Square when a 400 pound tire that fell off a flat bed truck. The tire smashed into the driver's windshield car. The Boston Globereported that the car flipped over. The driver was taken to Massachusetts General Hospital where he was pronounced dead.
"At some point, the load became unsecured and one tire fell off the truck, bounced on the roadway, where it struck the windshield of a 2003 Mitsubishi Gallant," Massachusetts State Police said in a statement as reported by WCVB TV Boston.
The Federal Motor Carrier Safety Administration ("FMCSA") issued new cargo securement rules that took effect in 2004. The rules are contained in 29 CFR 393.100 - 393.136. cover all "trucks, truck tractors, semitrailers, full trailers, and pole trailers" Essentially, the federal rules require that all cargo must be immobilized or secured in order to prevent the cargo from shifting, rolling or falling off while in transit.
In addition to the driver and trucking company, there may be other persons or companies who may be legally responsible for a truck accident involving shifting or falling cargo. These may include the persons and company who loaded the truck.
If you or a loved one have been seriously injured in a car accident caused by a truck, you should contact an experienced car accident attorney to discuss your legal right to compensation.
Copyright © 2011 John J. Sheehan
An Easton, Massachusetts woman was ejected from a vehicle and killed last Saturday night after the vehicle rolled over. According to The Boston Globe, the crash occurred on Route 24 in Stoughton, Massachusetts when a car entered Route 24 and tried to cut across two lanes. The car crashed into the passenger side of a KIA carrying the woman who died. In addition, the driver and another passenger of the KIA were injured and transported to Boston Medical Center with serious injuries.
As reported by The Boston Globe, the driver of the car that crashed into the KIA was arrested by the Massachusetts State Police after trying to flee the scene. The driver allegedly appeared intoxicated with an odor of alcohol and several marijuana cigarettes and a partially smoked marijuana cigarette were allegedly found in the driver's vehicle.
Although the car accident remains under investigation, The Boston Globe reports that the passenger who was ejected from the KIA and killed was not wearing a seatbelt.
Massachusetts General Laws Chapter 90, Section 13A, commonly referred to as the Massachusetts Seatbelt Law, requires all drivers and passengers over the age of 12 riding in passenger vehilces to wear a seatbelt.
If you or a loved one have been seriously injured in a car accident, you should consult with an experienced car accident attorney to discuss your legal rights.
Copyright © 2011 John J. Sheehan
A toddler fell 25 feet from a third floor window and suffered serious personal injury. The incident occurred at the Lord Chesterfield Apartments. According to the Metrowest Daily News, the child climbed up on some object and leaned against the screen of an open window. The screen gave way, and the child fell to the ground. The child was taken by ambulance to Children's Hospital in Boston where he is being treated for his injuries.
Fall from window screens are a known hazard for young children. According to Science Daily, 5,200 children nationwide were treated for serious injuries resulting from falls from windows from 1990 through 2000. "This translates to approximately 14 children being injured as the result of a window fall every day in the U.S." Babies and toddlers are especially at risk for falling from an open window.
Falls from open windows can result in death or serious personal injury to small children including head injury, concussion, traumatic brain injury and fractures.
There are several things that parents can do to prevent their child from falling from a window:
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Be aware of the risk. Remember that window screens will not prevent your child from falling through an open window.
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Avoid placing a bed or furniture near a window on the upper floors of your home where a child may climb.
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Install window guards on all windows on the second floor or higher
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Install window stops to prevent the window from being opened more than 4 inches.
Child injuries from window falls can be prevented. Parents need to educate themselves about the danger and follow the above tips to reduce the risk to your child of a fall from an open window. If your child has been seriously injured, you should contact an experienced personal injury lawyer to discuss your legal rights.
Copyright © 2011 John J. Sheehan
Oftentimes, when a construction worker gets hurt at work, the injured worker may have legal rights for his or her work injury against a negligent third party in addition to their right to workers compensation benefits.
WHAT IS WORKERS COMP?
The Massachusetts workers compensation statute is General Laws, Chapter 152.
If you are an employee and are injured in the course of your employment, you are entitled to workers compensation benefits. Basically, there are three forms of workers compensation benefits:
The only things that you need to prove in order to be legally entitled to Massachusetts workers compensation benefits are:
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You are an employee
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You got injured while acting the course of your employment
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You require medical treatment for your work-related injury
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You are medically disabled from working as a result of your work-related injury
You cannot sue your employer or co-workers as a result of a work injury. The Massachusetts workers comp statute is your exclusive remedy. This is commonly referred to as the exclusivity rule.
However, sometimes a work injury is caused by some person or company who is not part of your employer. Such a person or company is referred to as a third-party in workers comp.
CONSTRUCTION THIRD-PARTY CLAIMS
When a worker gets injured on a construction site, it is very common that the work injury was caused by a third-party's negligence.
For example, there may be a third-party claim if an employee of one subcontractor is injured due to the negligence of another subcontractor or a company making a delivery to the construction site. The general contractor has a non-delegable duty to provide a safe workplace to all workers on the construction site, including employees of subcontractors.
It is very common that an employee injured on a construction site may have a third-party claim against both the subcontractor that caused the injury and the general contractor.
If you have questions about a potential Massachusetts workers comp and construction third-party claim, you should contact an experienced attorney to protect your legal rights to just and fair compensation.
Copyright © 2011 John J. Sheehan
Attorney John Sheehan recently settled a workers comp case for $175,000 on behalf of a Massachusetts employee who injured both shoulders and elbow in a tractor trailer roll-over accident.
The employee sustained rotator cuff tears in both shoulders and injured his elbow as a result of the truck roll-over accident. According to the National Institutes for Health (NIH),
The rotator cuff is a group of muscles and tendons that attach to the bones of the shoulder joint, allowing the shoulder to move and keeping it stable.
- Rotator cuff tendinitis refers to irritation of these tendons and inflammation of the bursa (a normally smooth layer) lining these tendons.
- A rotator cuff tear occurs when one of the tendons is torn from overuse or injury.
After two rotator cuff surgeries to his dominant shoulder, the employee continued to suffer constant pain, very limited range of motion and limited strength. Following a nerve transposition surgery to the elbow in an attempt to alleviate cubital tunnel syndrome, the employee continued to experience nerve damage to his hand and fingers.
Prior to the settlement, the insurer paid the employee the maximum three years of temporary total benefits. The lump sum settlement was approved by the Department of Industrial Accidents after a settlement hearing before an Administrative Judge.
If you've been injured at work in Massachusetts and have questions about your legal rights, you should contact an experienced Massachusetts workers compensation attorney. The call and consultation are free.
2011 © John J. Sheehan
Two girls were injured in a bike accident earlier today in Rockland, Massachusetts. According to The Patriot Ledger, one girl was pedaling and the other girl was standing on the pegs of the back wheel when the bike hit an SUV. Neither girl was wearing a helmet.
Massachusetts Helmet Law
Massachusetts law requires all children under the age of 16 to wear a helmet when operating a bicycle. Massachusetts General Laws Chapter 85, Section 11B 1/2 provides as follows:
Any person 16 years of age or younger operating in line skates, a skate board, a scooter or other manually-propelled wheeled vehicle or riding as a passenger on any such manually-propelled vehicle on a public way, bicycle path or on any other public right-of-way shall wear a helmet. Such helmet shall fit the person’s head and be secured by straps at all times while operating in line skates, scooters, skate board or other manually-propelled wheeled vehicle and shall meet the standards for helmets established by the American National Standards Institute (ANSI Z 90.4) or subsequent standards or the Snell Memorial Foundation’s 1984 standard for use in bicycling or subsequent standards. A violation of this section shall not be used as evidence of contributory negligence in a civil action.
A city or town shall not adopt any by-laws or ordinances to change the standards required by this section.
If you or your child have been injured in a bike accident, you should contact an experienced Massachusetts accident and injury attorney to discuss your legal rights.
Copyright © 2011 John J. Sheehan
If you've been injured at work, there are certain things that you must do to protect your legal right to Massachusetts workers compensation benefits. While the following may seem obvious or common sense, the following touch on some of the most common mistakes that injured workers make following an on the job accident. I deal with these issues every day in my Massachusetts workers compensation law practice.
- Report the accident immediately to your employer.
- Fill out an accident report with your employer or ask your supervisor or Human Resources Department to complete and accident report.
- Seek immediate medical attention if you have been injured at work. Tell the nurses and doctors how your injury happened and be sure to tell them that you were injured at work if your injury occurred on the job.
- If your doctor gives you a disability note to stay out of work due to your work injury, give a copy of the disability note to your employer immediately. Keep the original disability note.
- Ask your employer to report the accident to their workers comp insurer and find out the name of the workers comp insurance company.
- If you are seriously injured and remain disabled from work due to your work injury, seek additional medical treatment. Be sure to give your doctor the complete history of your work accident.
- If you are going to be disabled indefinately, contact an experienced Massachusetts workers compensation attorney immediately. Even if you are receiving workers comp benefits, contact a workers comp lawyer to make sure that you are receiving all the benefits to wich you are entitled and to advise you about your legal rights to workers comp. In some cases, you may be entitled to additional benefits over and above workers compensation through a third-party claim against a negligent person or company who may be legally responsible for your work injury.
Copyright © 2011 John J. Sheehan
A
motor vehicle accident is a traumatic event. You're nervous, scared, upset, angry. You should be prepared in the event of an automobile collision. The following is a check list of ten things you need to know BEFORE you have a car accident.
- First, you should always have a pad of paper or small notebook in your car and a pen that actually works.
- If you're involved in a car accident, you should immediately record the date/time of the accident. Check the name of the street and the street number of the nearest house or building or, at least, the names of nearby businesses to establish the location of the accident.
- You will need to exchange information with the other driver. Take out your driver's license and registration and exchange with the other driver. Write down the other driver's name, address, date of birth, driver's license number, registration or license plate number and name of the insurance. Be sure to confirm with the other driver that his or her home address and insurer listed on the registration is still up to date.
- If the driver of the car that hit you is not the owner of the car, be sure to get the complete name and address of the owner.
- If there are any witnesses, be sure to get their name, address and telephone number. Ask them what they saw and who they believe was at fault.
- You need to report the accident immediately to your insurance company. Many insurance companies have a 24 hour telephone number for reporting new accidents. If not, be sure to report the accident to your insurer the next business day. Be sure to report the accident to your insurer within 24 hours from the day of the accident.
- You must complete a Massachusetts Operator's Report and file it with the Massachusetts Registry of Motor Vehicles and send a copy to your automobile insurer and the local police station where the accident occurred.
- If you were injured as a result of the car accident, you should see a doctor or go to the emergency room immediately. If you require emergency medical care at the accident scene, dial 911 and ask for an ambulance and police to response to the accident scene.
- If you are injured in a car accident, call a lawyer who specializes in personal injury law. Don't wait. Call a lawyer right away.
- If you are seriously injured as a result a motor vehicle accident, do not sign any papers or complete any forms sent to you by an insurance company without consulting an attorney who is experienced handling motor vehicle accident claims in Massachusetts.
Copyright © 2011 John J. Sheehan