Workplace Injury
Personal Injury Attorneys Foxborough, MA
We represent workers, subcontractors and general contractors injured on the job because proper safety precautions were not taken, the right equipment was not available, or a job was rushed to completion without regard to a worker's health and welfare. Workers compensation benefits do not cover all of an injured workers losses such as pain and suffering and other wage categories. Massachusetts law permits injured workers to make claims for compensation even though they are already receiving workers compensation benefits.
Case Summaries - Workplace Injury
Injury Related To Poor Work Environment Proven
Our client worked for a building manager in a high-rise. One of his duties was to change the light bulbs that illuminated the lobby, a dirty, difficult job that most employees avoided. It was while doing this in a severely cramped crawlspace above the ceiling that he got stuck and severely damaged discs in his neck. He was so jammed in the enclosed area that he was unable even to reach his radio and call for help. The owner of the high-rise argued that our client had been careless, but we were able to demonstrate that the light fixtures were not installed to code, which required more space for them to be serviced, and that the crawlspace didn’t provide a man of average size nearly enough room to do the required work. Further, the high-rise owner failed to provide the building manager with better equipment which would have allowed the bulbs to be changed from below by way of a scissors lift. The case settled favorably for our client providing him compensation for the ongoing pain he suffered.
Worker Injured After Employer Let Workers Compensation Insurance Policy Lapse
A 55 year old worker suffered second and third degree burns to his foot at work while cleaning heavy equipment with a high pressure steam power washer. His employer had no workers compensation insurance at the time; the policy having been cancelled for non-payment of premiums months before. The employee hired us after months of being strung along by his employer with promises to pay his wages and medical expenses. He had suffered financially long enough. He had no money coming in and had bills to pay. I sued the employer under a state law which holds an employer liable for tort damages when there is no available workers compensation coverage for an injured employee. Tort damages means more than traditional workers compensation benefits. For a new workers compensation claim these benefits typically include payment of medical expenses and 60% of the lost wages up to a state maximum rate. In contrast, tort damages includes the medical bills, 100% of the lost wages, pain, suffering and diminished enjoyment of life, as well as future expected damages. All we needed to prove under the law was that the worker was injured while acting in the scope of his employment. It did not matter whose fault the injury was or that the employee may have carelessly injured himself.
Client Breaks Leg On Icy Driveway Hidden Beneath A Layer of Snow
In this case our client visited a home and was walking at the top of the driveway where people were expected to walk towards the side entrance to the home. This became the primary entrance, as the front door in the front yard was blocked off by snow. The ice condition at the top of the riveway was treacherous, as water which came from melting snow on the roof was directed into this area by a down spout, where the water collected and froze, layer by layer, day by day. We refer to
this as "meltwater ice." It is virtually impossible to get any traction to keep your footing on "meltwater ice." Reasonable care would require a homeowner to either remove this ice, sand and salt the area, apply ice melt and if feasible, redirect the down spout to an area where people are not expected to walk, such as behind the bushes or into the side yard.
Our client went flying in the air sustaining a comminuted fracture of the leg which required a rod being permanently hammered into his leg to give it support. It was so slippery that responding EMT's had difficulty getting to and removing the visitor as he lay on the frozen ground. One look at the down spout discharging meltwater into this area told the story. The homeowner obviously knew treacherous ice accumulated there, avoided it and took no steps to make the area safe for visitors. We successfully resolved this case for our client with the homeowner's insurance company.
Police Officer On Detail Wins Judgment
Our client was a police officer on detail duty directing traffic around a utilities repairman operating a bucket truck. The repair work typically called for two men, one serving as assistant and lookout and the other in the bucket overhead, but in this instance there was only one worker. Consequently, the repairman continually lowered and raised the bucket to retrieve tools from his truck. Our client was busy directing traffic and directing young children to the sidewalk in what was a very narrow roadway next to an elementary school, when the descending bucket struck him on the head.
The defense based its case on the fact that our client’s x-rays and MRIs were negative, showing there was no brain damage. We brought in witnesses to demonstrate that our client was well-known for his competency and his work ethic. We showed that he was the biggest wage-earner in his department and its senior officer, and that his colleagues looked on him with affection and admiration. We also called his primary care doctor, who testified that our client was the most stubborn patient he had, insisting on returning to work no matter how sick he might be. We showed that the accident had left him unable to focus or to make the snap judgments necessary for his work. The jury found for our client.
