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Supervisors are those promoted by companies and entrusted by businesses to ensure things run smoothly and workers are properly trained and safe. But when that does not happen, can those supervisors be held separately accountable?trucksontheroad

According to the recent ruling by the Missouri Supreme Court in Parr v. Breeden, the answer is: No. It all comes down to the trade-off workers made in the so-called “grand bargain” of workers’ compensation. In that deal, made many years ago when workers’ compensation laws were first written, involved workers forfeiting the right to sue employers – even when they were negligent – in exchange for expedient, no-fault benefits when they were hurt or killed on-the-job. But it’s not just the company that is shielded by this “exclusive remedy” provision. It is our co-workers too. Even supervisory co-workers.

In all except the most egregious of circumstances, individual co-workers and even supervisors aren’t going to be found individually liable for injuries suffered by a subordinate at work. It may still be worth exploring in some instances because, particularly on construction sites, who qualifies as a “co-worker” and who is a “supervisor” might not be exactly clear. It could come down to the contract drawn up by the various contractors and subcontractors involved. Continue reading

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Workers who suffer on-the-job injuries are generally and with few exceptions entitled to workers’ compensation benefits.constructionsite2

But these benefits will only cover a portion of lost wages and medical bills. In cases of fatal injuries, they may cover funeral expenses and support for immediate and financially-dependent family. They do not account for one’s pain and suffering or other non-economic damages. In most cases, the exclusive remedy provision prevents workers from suing their employer or co-workers for additional compensation except in the most egregious of circumstances.

There may be an opportunity in some situations to explore third-party litigation, but that is something that has to be considered carefully with your Boston workers’ compensation attorney. The question of who is an “employer” and who is a “co-worker” can get murky on job sites where there may be numerous entities and individuals present. The pre-arranged agreements made prior to the work accident could determine whether there is an opportunity to pursue third-party litigation.  Continue reading

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Small Business Trends takes a closer look at the top five most common workplace accidents and examines ways to prevent these accidents from occurring.  The data on what accidents are the most common came from a recently released report by Travelers Insurance Company.  It should come as no shock that a company that charges employers for workers’ compensation insurance coverage wants to do whatever it can to avoid paying out money in benefits as a way to maximize profits.

bulldozer-in-action-1548988As for the top five causes of workplace injuries across the county, the most common are injuries that involve material handling.  This can mean that a heavy object falls on a worker, injures his or her back or neck while carrying it, cutting and working on a sharp edge, and a whole host of other work-related accidents caused by material handling. Continue reading

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According to a recent news feature from The Boston Globe, a worker was just injured when he was badly burned in the Myles Standish State Forest in the Plymouth, Massachusetts area.  The worker, who is 51 years old, was in a bucket truck when the accident occurred.

mmftBzMThe United States Occupational Safety and Health Administration (OSHA) is conducting a formal and full investigation into the cause of this accident and to see if it could be prevented in the future.  What they have released so far is that the worker was in the bucket truck around nine in the morning when he came in close proximity to live electrical wires.  Continue reading

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According to a recent news report from Safe to Work, a second accident involving a piece of equipment known as integrated tool carrier, or IT carrier, has occurred within a relatively short period of time.  This incident occurred in March.  There two workers in the basket were working on excavation and removal of two large pipes running under the city sidewalk.

construction-krane-1429442-mThe lift was raised nearly as high as it could, and it would provide the workers access to the pipe labeled for removal.  However, after reaching its maximum height, the person in control decided to just tilt the basket upwards and diagonal to get the workers even closer to the pipe being removed.  Continue reading

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A recent news commentary from Fair Warning looks at how some workplace accidents could result in criminal charges and consequences.  As the article notes, when we typically think of crimes taking place in the workplace, we think of an employee being assaulted, a robbery at a gas station or even a bank, an employee accused of stealing something, and things along those lines.

workHowever, some workplace accidents can also be a crime. This is an instance when an employer knowingly disregards workplace safety regulations, and it results in a serious injury or death.  Under some circumstances when this happens, the United States Occupational Safety and Health Administration (OSHA) will investigate the situation and can levy fines.  In some more serious cases, the local police or an attorney general may decide to pursue criminal charges.  While it not an everyday occurrence, it certainly does happen from time to time. Continue reading

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According to a recent news feature from The LAist, police have intercepted drug dealers complaining of carpal tunnel syndrome (CTS) as a result of counting so many $1 bills.  While at first this may seem like a joke, when police busted this particular group of alleged drug dealers, they were found with over $600,000, all in singles.

wrist-pain-3-1411523While the police said they are familiar with finding small bills in the homes or offices of city drug dealers, they had never seen so many $1 bills.   They said there enough singles that even when they were banded in neat stacks, could fill the entire bed of a standard pickup truck.  When the police went to count the evidence, it took them three days, so they could actually understand why it could cause carpal tunnel syndrome.  Continue reading

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According to a recent news feature from the New Haven Register, a construction worker was severely injured while on the job when he was involved in a scaffolding accident.  Witnesses say the 47-year-old worker was working on a scaffold that was more than six stories up the side of a hospital building in Hartford when the workplace accident occurred.

scaffold-1-1543984While he was up on the scaffolding, there was a total structural collapse, and everything came crashing down, including the construction worker.  He fell more than 60 feet to the ground along with parts of the scaffolding on which he was previously standing.    One witness said he heard the scaffolding come crashing down, and it sounded like metal waste being thrown in a construction dumpster.  He said he had no idea there was anyone on the metal scaffolding at the time of the on the job accident.  The victim was severely injured in the accident was not conscious when first responders arrived at the scene and attempted to provide immediate medical attention. Continue reading

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Harsh working conditions in slaughterhouses and meatpacking plants are not a new phenomenon in the meatpacking plants of Chicago and other cities across the United States. The problem was first brought to public attention when journalist Upton Sinclair published his now famous novel, The Jungle, highlighting the plight of immigrants and other workers

mmftBzMAs a result of this novel and many subsequent changes in worker’s rights laws, most workplaces have been a lot safer, and this includes slaughterhouses.  However, according to a recent news article from NPR, the latest government report is not capturing the total number of accidents in the meat and poultry industry.  Continue reading

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According to recent news feature from 7 News Boston, a construction worker was on the job in Easton, Massachusetts performing work in a manhole when he was struck by a car and severely injured.

workerexcavatorAuthorities say the tragic workplace accident occurred around 10:30 a.m. on a roadway in a local condominium complex.  The 45-year-old construction worker was performing repairs and maintenance on the septic system that was only accessible via a manhole cover in the complex’s parking lot. Continue reading

Contact Information
Boston Office
1 International Pl Unit 1810
Boston, MA 02110
Phone: (617) 777-7777Fax: (617) 722-9999
Taunton Office
60 Court St
Taunton, MA 02780
By Appointment Only
Quincy Office
308 Victory Rd
Quincy, MA 02171
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Worcester Office
43 Harvard St
Worcester, MA 01609
By Appointment Only
Disclaimer – The settlements above are only a sample of cases represented by our office. Each case is different and the amount of a potential resolution of your case will vary considerably depending on a substantial amount of factors. Some case results were worked in conjunction with partnering law firms.

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