Walking-Working Surface Safety Regulations
Generally, employers are required to keep all walking-working surfaces safe for employees, visitors, and patrons. There is a specific OSHA (Occupational Safety and Health Administration) regulation which addresses this safety issue:
29 CFR 1910.22(a)(3): Walking-working surfaces are maintained free of hazards such as sharp or protruding objects, loose boards, corrosion, leaks, spills, snow, and ice.
In the construction industry, there is a general rule of thumb often referred to as the “6-foot rule.” The “6-foot rule” typically is applied to major commercial construction projects, as well as smaller residential construction projects, amongst others. Essentially, the 6-foot rule requires employers to implement the use of fall protection when construction workers are working at heights of 6 feet or greater above a lower level.
At the Carney, Rezendes & Crowley, LLC, our attorneys have fought hard and successfully represented injured construction workers who were injured due to a “6-foot rule” safety violation. Recently, Attorneys Jeremy M. Carroll and Brendan G. Carney obtained a jury verdict in the amount of $925,000 for an injured construction worker who fell 10 feet because there was no fall protection.
On October 29, 2020, The Massachusetts Supreme Judicial Court issued its ruling in Mark Mendes’s Case, No. SJC-12857, which held that the Massachusetts Department of Industrial Accidents has subject matter jurisdiction over a claim involving an interstate truck driver based on his employment having “sufficient significant contacts” with Massachusetts. This opinion expands Massachusetts’ jurisdiction over workers’ compensation claims, where in the past they were limited to circumstances where:
No. Typically, you do not pay a personal injury or a workers’ compensation attorney out-of-pocket. At the Carney, Rezendes & Crowley, LLC, we focus on personal injury and workers’ compensation cases which operate on what is called a “contingency” fee. A “contingency fee” means that we only get paid if we get you compensation, which typically occurs through either a negotiated settlement, mediation, arbitration, or a jury trial verdict.
Why Not?
The reason for a “contingency fee” is to be able to provide legal representation to injured workers and injured people from all levels of income. If personal injury or workers’ compensation attorneys required clients to pay attorney fees out-of-pocket, only wealthy people would be able to afford an attorney when they are hurt. Injured workers and people from all income levels deserve an attorney to fight for them and to represent them for injuries that never should have occurred. Here at the Carney, Rezendes & Crowley, LLC, we take pride in fighting for injured workers and people who are injured needlessly due to safety violations which occur in construction sites, motor vehicle collisions, and many other types of dangerous situations.
Recently, Brendan G. Carney of Carney, Rezendes & Crowley, LLC was able to successfully negotiate a lump sum settlement of a Massachusetts Workers’ Compensation claim in the amount of $825,000.00. This settlement was reached on behalf of our client, a forty one year old woman who was working as a bank branch manager when she was involved in a motor vehicle accident while traveling from an offsite bank meeting back to her regular bank office. The employee suffered a life-altering spinal cord injury that would render her permanently and totally disabled. In addition to the lump sum settlement, Carney, Rezendes & Crowley, LLC was able to obtain an additional $218,000.00 in permanent loss of function benefits. The employee had received weekly benefits for over three years prior to the settlement. The total recovery for the employee exceeded $1,200,000.00. Continue reading
Injured by a Forklift?
Forklift, or Powered Industrial Truck (“P.I.T.”), injuries are very common in the construction industry for both drivers and nearby workers. According to the Occupational Safety and Health Administration (OSHA), an estimated 85 deaths result each year as a result of forklift operation accidents, as well as almost 35,000 serious injuries and almost 62,000 non-serious injuries per year. In the U.S., 1 in every 6 workplace deaths occur in forklift related incidents.
With roughly 856,000 total forklifts in the United States, this means that approximately 1 in 9 forklifts will be involved in an accident that results in injury or death. Further, the Industrial Truck Association estimates the average use for the life of a forklift or P.I.T. is approximately 8 years. Taking this factor into consideration, a fair projection calculates that almost 90% of forklifts will be involved in an incident that results in a worker getting injured over the course of the lifetime of the forklift. At the Carney, Rezendes & Crowley, LLC, we have skilled and dedicated attorneys who are experienced representing people with personal injury and workers’ compensation claims resulting from forklift accidents.
Judge gavel, scales of justice and law books in court
Massachusetts’ workers who have suffered serious work related injuries and occupational diseases must often times make the important decision as to whether or not to accept an offer a lump sum settlement of their workers’ compensation claim. Typically when an injured worker is either at or near maximum medical improvement, their employer’s workers’ compensation insurer will contact the injured worker or their attorney to discuss the possibility of settling the claim. There are many important factors to consider when determining if a settlement is in the best interest of the injured worker. Before addressing those important issues, first I want to define some important terms: Continue reading
Do’s:
Often times, in the course of a Massachusetts workers’ compensation claim, lump sum settlement negotiations will occur. This typically occurs after the injured worker has reached maximum medical improvement (medical treatment has been completed), the injured worker has permanent physical restrictions that will cause a wage loss, and/or after an Administrative Judge has issued a conference order or hearing decision. However, there is nothing that you or your attorney can do to force the workers’ compensation insurer to agree to a lump sum settlement. Likewise, there is nothing a workers’ compensation insurer can do to force an injured worker to accept a lump sum settlement. A settlement is only achieved if both the insurance company and the employee agree to a certain figure. In most claims, an employer must consent to their insurance company making a settlement offer to an injured employee. A judge cannot order or set a lump sum settlement amount. Continue reading
Boston Workers Compensation Lawyer Blog