Falling Concrete Injures Worker
As reported by The Salem News recently, a worker at a courthouse construction site in Salem, Massachusetts was very seriously injured when he was struck by a concrete block that fell several stories above. OSHA is investigating the accident.
In a construction accident like this, oftentimes a third-party, such as the General Contractor or a Sub-Contractor, may be legally responsible for the workers’ injury.
Under federal regulations enforced by OSHA, the General Contractor has a non-delegable duty for the safety of all workers on its jobsite.
A worker injured on a construction site accident has a right to receive workers compensation benefits which, generally, pays a percentage of his lost wages and medical costs. In addition, a worker injured in a construction site accident may have a legal right to compensation from a third-party such as the General Contractor or a Sub-Contractor.
If you have been injured in a construction site accident or any type of work accident in Massachusetts, contact Attorney John J. Sheehan for a free, no obligation consultation. Call 866-979-4113.
Source: The Salem News
Copyright © 2010 John J. Sheehan
Time and time again I talk to injured workers who put off hiring a lawyer hoping that the insurance company will do the right thing. Funny, I’ve yet to see that happen.
Many injured workers are afraid that the insurance company will punish them by stopping their workers’ comp check or denying medical treatment if they hire a lawyer.
The injured worker doesn’t realize, however, that the adjuster is interested in protecting the insurer’s money and is not looking out for the injured workers’ best interests.
Case in point.
Within a week of accepting liability for the case, the adjuster asks an injured worker to sign an agreement to give the insurer another six months to continue to pay workers comp benefits “without prejudice”. That means that the insurance company has another six months to stop the workers comp checks with just seven days notice to the injured worker.
What happens next?
Insurer sends injured worker to one of its doctors to do an “independent” (translated - “insurer”) exam. Insurance doctor writes a report that the medical condition is not related to the work accident. The adjuster quickly stops all workers comp checks right before Christmas. Even then, the injured worker continues to talk to the adjuster on his own — without being represented by a lawyer — in the desperate hope that the insurance company will change its mind and reinstate his workers comp checks. The adjuster strings the injured worker along saying things like: she’s evaluating the claim, call back in a week or she’s reviewing the matter with her supervisor. Meanwhile, months go by before the injured worker finally wakes up and hires a workers comp lawyer to protect his rights and secure payment of his workers comp benefits.
I’ve seen variations of the same deceptive, bate and switch tactics by insurance adjusters time and time again. Without legal representation by an experienced workers comp lawyer, an injured worker is literally at the mercy of the insurance company.
When you’re hurt on the job, you have legal rights. Following a serious, disabling work accident, you need to hire an experienced workers comp lawyer right away even if you’re receiving workers comp benefits.
Don’t stick your head in the sand hoping that the insurance company will do the right thing. Get legal representation with an experienced workers comp lawyer without delay.
Copyright © 2010 John J. Sheehan
How often have we all experienced trudging through banks of trampled, dirty snow and streams of frozen ice walking on a sidewalk in our neighborhood or local downtown shopping area? It’s like walking through an obstacle course!
What if you were elderly? A slip and fall on snow or ice could result in a broken hip or other serious injury.
Under current case law, a property owner in Massachusetts is not legally responsible for injuries caused by slip and fall accidents due to snow or ice on the owner’s property unless the slip and fall was caused by an unnatural accumulation of snow or ice. What is and is not an unnatural accumulation of snow or ice is decided on a case by case basis.
The overwhelming case law in Massachusetts is decidedly against the injury plaintiff. Massachusetts judges regularly dismiss cases under the so-called natural accumulation doctrine.
As reported in Massachusetts Lawyers Weekly, this may all change. In Papadopoulos et al. v. Target Corporation et al., the Massachusetts Supreme Judicial Court is ready to consider whether Massachusetts will continue to apply the natural accumulation doctrine.
If the Court abandons the natural accumulation doctrine, this could be a real game changer. Instead of simply dismissing cases because the snow or ice was not created by snow making equipment, Courts will actually look at the conduct of the property owner. Like any other defective condition causing injury, an accident does not mean that the property owner is automatically negligent. If a property owner fails to maintain his property in a reasonable manner — including keeping the walkways and entrance free from snow and ice — then the property owner should be liable if a person lawfully on the property is injured as a result of the defective condition even if the defective condition is snow or ice.
I’ll let you know what the Supreme Judicial Court decides. Until then, be careful out there trudging through the snowy streets of Massachusetts. Remember, Spring Training is only a few weeks away.
Copyright © 2010 John J. Sheehan
Many people mistakenly think that they have full coverage with their Massachusetts automobile insurance policy. In my experience, this is frequently not the case for all optional coverages.
For example, someone may have $100,000/$300,000 for Optional Bodily Injury to Others on their policy, but only $20,000/$40,000 for Uninsured or Underinsured Motorist Benefits.
What difference does that make? Well, no difference until something goes wrong like an accident occurs resulting in serious injury. If you are injured in a car accident caused by another driver with only minimum insurance coverage or, worse, no coverage at all, you yourself may be limited to the Massachusetts minimum coverage of $20,000 unless you purchased additional insurance coverage such as $100,000/$300,000 for Uninsured or Underinsured Motorist Benefits or, better yet, the maximum coverage of $250,000/$500,000.
Why do I need extra coverage? Well, that’s a personal decision that everyone must make based on your comfort level managing risk. That’s what insurance is all about – managing risk.
What if you suffer a severe shoulder injury as a result of a car accident requiring surgery? You may have medical expenses in excess of $10,000 and may be disabled from work for a long time – possibly 6 months to a year. If the negligent driver who caused the accident only has minimum coverage, you and your family may suffer a severe economic loss with limited legal compensation. In this example, most of the money would go to pay the medical bills leaving little left over to support you and your family while you’re recuperating from surgery. However, if you purchased additional coverage for Underinsured Motorist Benefits in this example, you will have additional available insurance coverage through your insurance policy to compensate you for your injuries.
Do you have enough insurance? It’s really up to you. At the very least, the amount of coverage for Optional Bodily Injury to Others, Uninsured Motorist Benefits and Underinsured Motorist Benefits, in my opinion, should be the same and should be as much as you are comfortable purchasing – especially if you own your own home.
Copyright © 2009 John J. Sheehan
In Massachusetts, if you are injured while acting in the course of your employment, you are entitled to workers’ compensation benefits paid by your employer’s workers compensation insurance company. If you require medical treatment, the workers’ compensation insurer will pay for any and all reasonable and necessary medical treatment that is causally related to your work injury. If you are temporarily totally disabled from work because of your injury, you are entitled to weekly workers’ compensation benefits at the rate of 60% of your average weekly wage (“AWW”).
During the first 180 days or 6 months from your injury, payments made by the workers’ compensation insurer are without prejudice. This is commonly called the 180 Day Pay Without Prejudice Period. That’s a fancy way of saying that the workers’ compensation insurer has not accepted liability or legal responsibility for your industrial injury. As a practical matter, the workers’ compensation insurer can modify (usually reducing benefits) or discontinue benefits without permission from a judge provided that the insurer gives the employee written notice 7 days before it takes any action against the injured employee’s benefits.
If the workers’ compensation insurer pays benefits beyond 180 days, the insurer accepts liability or legal responsibility for the injured employee’s industrial injury provided that the employee did not sign an agreement to extend the 180 Pay Without Prejudice Period. That doesn’t mean that the insurer cannot try to modify or discontinue workers’ compensation benefits. However, the important difference is that the insurer must continue paying benefits until it receives permission from a judge to reduce or discontinue benefits.
Many injured workers make the mistake of not contacting an attorney to represent their legal interests immediately after a disabling work injury. It is a mistake to hide your head in the sand hoping that the workers’ compensation insurer will do the right thing. Insurance companies have lawyers representing their legal interests, and every worker who is disabled from work due to a work accident should be represented by a workers’ comp lawyer as early as possible to protect their legal rights and ensure that they are paid all the benefits to which they are legally entitled.
Copyright © 2009 John J. Sheehan
