29
Sep 2020
By

How to reduce the likelihood of serious workplace accidents

Massachusetts workers' compensation attorney

While most serious workplace accidents are not caused intentionally, they are often preventable. Most workplace accidents occur when workers or supervisors make careless mistakes or cut corners when it comes to safety.

Some of the most devastating workplace accidents linked to careless mistakes include:

  • Falls from same level or from heights
  • Accidents involving large machinery
  • Transportation incidents
  • Electrocutions
  • Workers being struck by falling objects
  • Caught in/between equipment or objects

Some of the most common injuries workers sustain in these accidents include:

  • Traumatic brain injuries
  • Broken bones
  • Crushed limbs or amputations
  • Severe injuries to the neck, back and spine
  • Internal bleeding and damage to organs
  • Severe burns, lacerations and bruises
  • Paralysis
  • Death

Common mistakes that lead to workplace accidents

  • Not properly securing ladders or scaffolds: Serious falls are common when ladders or scaffolds aren’t stable or properly secured. Falls linked to poorly set up ladders and scaffolds are common in the construction industry. In fact, falls accounted for more than 33 percent of deaths in that industry during 2018.
  • Leaving clutter and debris in walking areas: Failure to keep walking areas clear of clutter and debris can lead to slip, trip and fall accidents. This often occurs when items, loose wires and spilled liquids are left in walking areas.
  • Leaving equipment and machines on when not in use: It’s important that all electronic equipment and machinery is shut off and locked out when not in use. When a machine suddenly turns on unexpectedly, someone can be seriously injured. Incidents like this often lead to amputations. In some cases, this can even lead to electrocutions.
  • Careless mistakes linked to workplace stress and fatigue: When workers are stressed or fatigued on the job, they may be more likely to skip important safety measures in order to be more productive. All it takes is one small misstep to cause a serious accident.
  • Exposure to hazardous chemicals: When hazardous chemicals aren’t secured or sealed, they can lead to toxic exposure, fires and even explosions. Workers may become ill due to exposure or suffer serious burns.
  • Transportation incidents: Transportation incidents are common among roadside construction workers and warehouse workers. They may involve cars, trucks, trailers or forklifts.

What should I do if I was injured on the job?

If you sustained an injury on the job, it’s important that you first report the incident to your supervisor so an incident report can be filled out. You should then see a doctor as soon as possible for a proper diagnosis and to begin medical treatment before your condition gets worse.

You should then speak to an experienced workers’ compensation lawyer to file a claim for financial benefits. You may be eligible for compensation to cover your medical expenses, lost wages and possible disability benefits. To learn more, contact the Law Offices of Deborah G. Kohl and schedule your free case evaluation.

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21
Sep 2020
By

What to do after a workplace accident amputation?

Massachusetts workers' compensation attorney

It’s difficult to imagine any other workplace accident more serious than an amputation. Losing an arm, leg, foot, finger or any other body part can be emotionally devastating and have a significant financial impact.

Unfortunately, amputation accidents on the job happen all too often. According to the Occupational Safety and Health Administration (OSHA), these accidents are widespread and involve a variety of activities and equipment.

What types of workplace equipment are dangerous?

Machines associated with amputation accidents include, but are not limited to, the following:

  • Food slicers
  • Meat grinders
  • Printing presses
  • Drill presses
  • Milling machines
  • Power presses
  • Slitters

Accidents typically happen when workers don’t have enough safeguards against injury. Workers can get harmed while operating a machine or while setting up or breaking down and cleaning equipment. Amputation accidents occur in in a variety of industries, but are common at construction sites or at factories. Some amputation accidents occur in kitchens at restaurants or even on the road when workers are in car or truck accidents.

How can employers keep workers safe from amputations?

Businesses have a responsibility to keep workers safe from amputation accidents and other injuries. To prevent accidents, employers should ensure an employee is properly trained before using a machine. Machines should be safeguarded. For example, a physical barrier, such as a guard, should be used with a hazardous machine. The guard should be strong and secure. A device that can interrupt the normal operation of a machine can be used to prevent contact with a hazard.

What are your rights as a worker?

If you work with a machine, your employer must ensure the conditions do not put you at risk of injury. You have a right to obtain information and receive training about workplace hazards. You also have a right to review records of work-related injuries and illnesses.

If you notice a serious hazard or your employer is not following the rules, you have a right to file a complaint with OSHA requesting an inspection without retaliation.

How a workers’ compensation attorney can help

Accidents around machinery happen quickly, but the impact can last a lifetime. You may need a prosthetic limb. You may need to use a wheelchair or a cane or crutches to get around. You may be unable to work, or may be limited in what you can do to earn a living. An amputation also can impact your enjoyment of hobbies.

After an on-the-job accident, you have a right to file workers’ compensation claim in Providence, RI, or Fall River and Foxborough, MA. Workers compensation is a no-fault system, so you have a right to benefits regardless of who was at fault. Your employer is required to carry insurance.

An experienced attorney can help make sure you get the compensation and benefits you need for your accident. In some cases, a third party (someone other than your employer) might be responsible. If that is the case, you may have grounds to file a personal injury lawsuit in addition to the workers’ comp claim.

Contact the Law Offices of Deborah G. Kohl for a free consultation. Our firm can fight for you while you focus on your recovery.

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28
Aug 2020
By

The most dangerous jobs of 2020

Massachusetts workers' compensation attorney

No matter where you work, there is always the likelihood of sustaining a serious injury on the job. Some industries are generally more dangerous than others, however.

EHS Today has once again released its yearly top 10 ranking of the most dangerous jobs in America. The ranking was based on 2018 workplace injury and fatality data from the Bureau of Labor Statistics (BLS). The same occupations on this list were also listed in previous years.

COVID-19 can change this ranking significantly in the coming years, however. For example, in 2022, we could see healthcare occupations listed within the top 10 most dangerous jobs. In the meantime, the list has stayed consistent for several years.

What are the most dangerous jobs?

According to the BLS data, 2018 saw a two percent increase in workplace fatalities from the previous year (5,147 to 5,250). The ranking was based on workplace fatalities per 100,000 full-time workers across the United States.

The most dangerous jobs based on that data include:

  • Logging workers — 56 worker fatalities in 2018/fatal worker injury rate of 97.6
  • Fishers and fishing workers — 30 worker fatalities in 2018/fatal work injury rate of 77.4
  • Aircraft pilots and flight engineers — 70 worker fatalities in 2018/fatal work injury rate of 58.9
  • Roofers — 96 worker fatalities in 2018/fatal work injury rate of 51.5
  • Refuse and recyclable material collectors — 37 worker fatalities in 2018/fatal work injury rate of 44.3
  • Truck drivers — 966 worker fatalities in 2018/fatal work injury rate of 26
  • Farmers, ranchers and agricultural managers — 257 worker fatalities in 2018/fatal work injury rate of 24.7
  • Iron and steel workers — 15 worker fatalities in 2018/fatal work injury rate of 23.6
  • Construction first-line supervisor — 144 worker fatalities in 2018/fatal work injury rate of 21
  • Landscaping first-line supervisors — 48 worker fatalities in 2018/fatal work injury rate of 20.2

What injuries do workplace accident survivors sustain?

Those who work in these industries and survive devastating accidents often suffer from severe injuries and disabilities. These include:

  • Severe traumatic brain injuries
  • Bone fractures
  • Spinal injuries
  • Crushed limbs
  • Soft tissue injuries
  • Amputations
  • Lacerations
  • Paralysis

If you were hurt on the job, you may be wondering how you will afford to pay for your medical bills. You may also be wondering how you will afford to make ends meet if you can’t return to work or perform the same job functions.

The good news is that you may be eligible to receive workers’ compensation benefits after a workplace injury. Workers’ compensation pays for medical expenses and lost wages while you’re unable to work. Getting the compensation you need won’t be easy. Any errors on your paperwork or other glitches during the claims process can lead to the insurance companies denying your compensation.

That’s why you need a strong legal advocate on your side who can ensure that the process goes smoothly and you are treated fairly. To learn more, contact The Law Offices of Deborah G. Kohl and schedule your free case evaluation.

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24
Aug 2020
By

What should I do if I need surgery after a workplace accident?

Massachusetts workers' compensation attorney

If you were injured on the job, you must first promptly notify your employer so the incident is documented. Failure to notify your employer of an injury can hurt your chances of getting workers’ compensation benefits.

Once you have notified your employer, you must then see a doctor as soon as possible. During your medical evaluation, your doctor can find out what injuries you have sustained, provide a proper diagnosis and begin treatment.

When do workplace injuries require surgery?

In many cases, you can recover from a workplace injury with the proper rest, therapy and use of pain medication. Sometimes, a doctor may recommend surgery for a severe or potentially long-term injury.

We often see this with:

  • Bone fractures
  • Traumatic brain injuries
  • Spinal injuries, such herniated discs or damage to the vertebrae and/or spinal cord
  • Amputations
  • Crushed limbs
  • Damage to nerves or organs
  • Paralysis
  • Severe lacerations
  • Rotator cuff injuries
  • Knee injuries
  • Soft tissue tears

Injuries like this can happen in any workplace. We usually see them in construction, manufacturing, warehousing, transportation and other occupations with high injury rates. Surgery may also be required if a less severe injury doesn’t show any signs of improvement.

How can I afford the cost of surgery?

Surgery can cost tens of thousands of dollars, depending on the nature of your injury. If your claim gets denied, you may find yourself paying a lot of money out of your own pocket, even if you have health insurance.

Some reasons why your claim may be denied include:

  • You didn’t report your injury on time. You have 7 calendar days (excluding Sundays and certain holidays) to report your injury to your employer.
  • You didn’t fill out the paperwork correctly. When you file a workers’ compensation claim, it’s critical that all paperwork is properly filled out. Any errors can lead to your claim being denied.
  • You waited too long to get medical treatment. It’s important that you seek prompt medical treatment after a workplace accident. Never delay seeing a doctor, even if you think you can wait or recover on your own. Insurance companies can argue that your injuries aren’t legitimate.

To maximize your chances of getting the compensation you need, it is best that you speak to an experienced Massachusetts workers’ compensation attorney who can help you through this complex process.

The attorneys at the Law Offices of Deborah G. Kohl in Massachusetts and Rhode Island are dedicated to helping injured workers get the workers’ compensation benefits they deserve. To learn more about how we can help, contact us online. Our case evaluations are free and confidential.

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30
Jul 2020
By

The dangers of working in hot conditions

Massachusetts workers' compensation attorney

Summer is in full swing, and so far, this season has been a hot one. During the month of July, we have seen consistent temperatures well into the 90s. This can be dangerous for those who have to work outdoors or in confined spaces with no air conditioning.

Heat-related injuries and illnesses are common among construction workers, agricultural workers, landscapers, bakers, cooks, maintenance workers, manufacturing workers and boiler room workers.

If you work in hot conditions, it’s important to understand the health risks and ways to lower the risk of an injury or illness.

What types of injuries and illnesses are caused by heat?

According to the Centers for Disease Control and Prevention, heat-related injuries can range from minor to severe.

The most serious illness caused by working in hot conditions is heat stroke. When the body can’t regulate its temperature through sweating and other mechanisms, workers may suffer seizures or even death. The warning signs of heat stroke include:

  • Increased blood pressure
  • Mental confusion or disorientation
  • Loss of consciousness

If any of these symptoms occur, it’s critical that you stop working and get immediate medical attention.

A similar, but less severe, heat-related condition is heat exhaustion. This is often caused by dehydration due to excessive sweating. The warning signs of heat exhaustion may include:

  • Headaches
  • Nausea and vomiting
  • Physical weakness
  • Extreme sweating and thirst
  • Changes in body temperature
  • Changes in mood
  • Decreased urine output

Other common heat-related conditions include:

  • Rhabdomyolysis: Heat stress and prolonged labor causes muscle tissue to breakdown. This can result in irregular heartbeat, seizures and kidney damage.
  • Heat syncope: Standing for too long or standing from a sitting position during hot conditions can lead to fainting.
  • Miliaria or heat rash: Excessive sweating and exposure to heat that irritates the skin can result in red clusters or small pimples.
  • Heat-related cramps: Muscle cramps can occur when workers lose excessive amounts of salt through sweating.

How can heat-related conditions lead to workplace accidents?

The heat-related conditions mentioned above not only require prompt medical attention, they can result in workplace accidents due to fainting, loss of balance, fatigue, dizziness and weakness.

Some examples of workplace accidents linked to heat-related conditions may include:

  • Falls from heights or same-level falls
  • Accidents with heavy machinery or equipment
  • Transportation incidents

How to prevent heat-related conditions on the job

OSHA offers some tips on how to lower the risk of sustaining a heat-related illness while working, including:

  • Drinking plenty of water — one cup every 15-20 minutes
  • Assigning lighter tasks to employees and encouraging frequent breaks
  • Wearing light or loose-fitting clothes
  • Ensuring that indoor facilities are properly ventilated
  • Learning the signs of heat-related conditions and knowing when to provide first-aid to other workers
  • Monitoring workers with certain health conditions

What should I do if I sustained a heat-related injury on the job?

If you sustained a heat-related injury or illness at work, it’s important that you notify your employer and seek immediate medical attention. Also be prepared to take some time off from work while you recover.

If you’re concerned about the cost of medical care and lost wages, just know that you have the right to file a workers’ compensation claim. To learn how to get started, contact the Law Offices of Deborah G. Kohl and schedule your free case evaluation.

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23
Jul 2020
By

Can I collect workers’ compensation for back pain?

Massachusetts workers' compensation attorney

An experienced workers’ compensation lawyer explains how the system works

Chronic back pain affects millions of people throughout the country. One scientific study estimated that 31 million Americans suffer from back pain at any given time. In many cases, people experiencing back pain sustained their back injury on the job. According to the U.S. Bureau of Labor Statistics, nearly 20 percent of all workplace injuries – more than 1 million injuries – involve back injuries each year.

Even so, there’s sometimes some confusion about whether or not people can collect workers’ compensation for back pain. It’s a common question that experienced workers’ compensation attorney Deborah G. Kohl often hears from injured workers. That’s why we created this guide to help workers better understand their rights and their legal options.

Can I collect workers’ compensation for back pain?

The short answer to this simple question is “maybe.” That’s because there are often many different situations which could potentially affect your ability to obtain workers’ compensation benefits, including:

  • Where your injury took place – You will likely need to prove your back pain is the direct result of a work-related injury.
  • When your injury took place – If you injured your back at work, you often only have a limited amount of time to report your workplace injury. If you wait too long to inform your employer or file a workers’ compensation claim, your claim could be denied.
  • How your injury took place – Many back injuries occur two different ways – in a single incident or over a long period of time. How your back injury occurred could impact your ability to receive workers’ compensation benefits and how much you receive in workers’ compensation.
  • If you previously injured your back – Many workers’ compensation claims are denied because of pre-existing medical conditions. This is especially true if you previously injured your back outside of work.

All of these situations – and many more – can dramatically affect your ability to obtain workers’ compensation benefits. That’s why it’s important to learn more about your options and discuss your concerns with an experienced workers’ compensation attorney.

What are common causes of work-related back injuries?

Back injuries at work which result in back pain occur for many different reasons. Some of the most common causes include:

  • Slip and fall accidents
  • Lifting heavy objects
  • Poor ergonomic sitting position

Whatever the cause of your back injury, make sure you take your back pain seriously right from the start. Talk to your doctor. Then, talk to our law firm.

What are common work-related back injuries?

Back injuries sustained on the job which result in chronic back pain can cover a wide range, including:

  • Herniated disc
  • Arthritis
  • Muscle strain
  • Fractured vertebrae

These are just a few types of work-related back injuries. You may have a different type of injury which requires different treatment and care. A medical professional can examine you and advise you on the best course of action.

What are common symptoms of a back injury?

Many back injuries are different, but they also often have many things in common. Some of the warning signs of a back injury which results in back pain include:

  • Dull ache in lower back
  • Stabbing or shooting pain in the leg
  • Difficulty standing up
  • Reduced range of motion

You know your body best. If something doesn’t feel right, seek immediate medical treatment. Your health and well-being should always come first.

What should I do if I injure my back at work?

If you are experiencing chronic back pain at work and believe it’s due to a work-related injury, we strongly advise taking the following steps:

  • Seek immediate medical treatment. The sooner you talk to a doctor about what’s wrong, the sooner you can hopefully get relief from your back pain.
    Tell your employer you are suffering from back pain and you believe it’s due to a work-related injury.
  • Ask your employer to file a workers’ compensation claim on your behalf so you can receive the benefits you deserve while you’re recovering from your painful injury.
  • Contact an experienced workers’ compensation lawyer as soon as possible. Workers’ comp claims can often be very complicated. An experienced lawyer can analyze your potential case and explain your legal options to you.

Attorney Deborah G. Kohl has more than four decades of experience representing people throughout Rhode Island and Massachusetts injured at work and in personal injury accidents. To learn more about how attorney Kohl and the entire legal team at The Law Offices of Deborah G. Kohl can assist you with your workers’ compensation claim, simply contact us and schedule your free case evaluation. We have offices in Providence, Rhode Island; Fall River, Massachusetts; and Foxborough, Massachusetts.

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17
Jun 2020
By

How to avoid electrocution on the job

Massachusetts workers' compensation attorney

Some jobs carry a higher risk of injury or death from electrical hazards than others. Workers in the construction and trade industries and electricians and their apprentices can sustain serious or fatal injuries from contact with electricity.

What you may find surprising is that 28 percent of on-the-job electrical-related deaths in 2017 were linked to professional and business-related services, according to Electrical Safety Foundation International (ESFI). Workers in non-trade businesses often are unaware of the dangers of electricity in their workplace.

What are the types of electrical accidents on the job?

According to the National Center for Biological Information, electrical injuries are common and are associated with a high rate of death. People who survive electrical accidents often face a difficult recovery because of damage to internal organs.

Types of electrical burns include:

  • Electric shock: When current passes through the body, which may result in damage to internal organs, muscles, nerves and soft tissue.
  • Flash injury: When an electrical arc passes over the skin and does not enter the body.
  • Flame injury: When an arc flash ignites clothing or other objects and causes a fire.
  • Low voltage injury: An electrical burn caused by a power source of 500 volts or less.
  • High voltage injury: An electrical burn caused by a high voltage power source and often associated with electricity passing through the individual’s entire body.

What is electrocution?

An electrocution is a type of fatal injury caused by electric shock, or current passing through the body. The Occupational Safety and Health Administration (OSHA) lists electrocution accidents as one of the top four fatal injuries for construction workers.

Common electrocution hazards on job sites include:

  • Exposed wiring
  • Wet conditions while outlets are exposed
  • Overhead or buried power lines

When working around electricity, it’s important to take steps to stay safe. OSHA recommends employers and workers:

  • Identify utilities before starting work.
  • Check for overhead power lines when operating equipment.
  • Keep a safe distance from power lines.
  • Do not use portable electrical tools unless they are grounded or double insulated.
  • Use ground fault circuit interrupters for protection.
  • Be aware of possible electrical hazards when working with ladders, scaffolds or other platforms.

What to do after an electrical injury or electrocution

Nobody expects to suffer an electrical accident or electrocution while working. I you were injured, however, you will need to be prepared to take action. Remain calm, call 911 and seek immediate medical attention. In some cases, victims go into shock and don’t realize they have been seriously injured. It’s critical to consult with a medical professional.

Victims injured at work will need to file a workers’ compensation claim to recover losses. Workers’ comp will cover medical bills and lost wages, among other benefits.

If a third party (an entity other than your employer) was negligent, you may be entitled to compensation through a personal injury lawsuit.

Electrical accidents can become complex legal cases. A third-party may deny any responsibility. An employer and their insurance company may downplay the severity of the injuries.

Schedule a free consultation with an experienced attorney as soon as possible to make sure your rights are protected. Contact the Law Offices of Deborah G. Kohl. Trust us to handle your claim while you focus on your recovery.

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11
Jun 2020
By

How to Be Safe at Work as MA Loosens COVID-19 Restrictions

Massachusetts workers' compensation attorney

Massachusetts Gov. Charlie Baker has issued a set of general rules that requires all employers to follow social distancing protocols for both employees and customers. Under the rules, all employees also must wear masks or face coverings. The governor, however, did not mandate that employers supply the equipment. Some workers, depending on the nature of their jobs, may have to wear gloves or other protective gear.

Businesses must also offer areas where employees can wash their hands, and must regularly disinfect frequently touched surfaces. Guidance specific to industries will be released as the reopening of the economy continues.

Workers exhibiting COVID-19 symptoms have the option of staying home without fear of losing their jobs. Employers must address each individual situation and put plans in place for the safe return of workers. In general, ailing workers are entitled to up to two weeks of paid sick leave.

What If You Don’t Feel Protected from COVID-19 at Work?

You may suffer from underlying conditions – asthma, serious heart conditions, diabetes, being over age 65 and others – that put you at greater risk if you are exposed to the virus. You can ask your employer to make accommodations for you, such as a private office, different work shifts, or continuing to work from home.

If your employer is not following pandemic safety protocols, you and your coworkers can file a complaint with your local board of health, the state attorney general’s office, or the federal Occupational Safety and Health Administration. Be sure to document your case. Laws also protect you from retaliation by your employer if you report their behavior.

Depending on the circumstances, however, an employer can fire you if you refuse to return to work. If you simply do not feel safe and choose to quit your job for “just cause,” you may qualify for unemployment benefits. The process is complicated and could require you to testify at a hearing.

What Can You Do to Protect Yourself from COVID-19 at Work?

The biggest obstacle to people returning to work is the uncertainty surrounding COVID-19. Conditions and safety advisories seem to change almost daily. As a result, your right to work in a safe environment may clash with your employer’s desire to return to business as soon as possible. New regulations are likely, with worker advocates and business lobbyists likely to square off in the legislature and in the courts. In the meantime, your livelihood could be in legal limbo.

The workers’ compensation lawyers at The Law Offices of Deborah G. Kohl know how to fight for the rights of clients in southeastern Massachusetts and Rhode Island. We have a proven track record of aggressively defending worker rights against employers and insurance companies. We can guide you through the legal process toward fair compensation. Contact us at our offices in Fall River and Foxborough, Mass., or Providence, R.I., for a free case consultation today.

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21
May 2020
By

The importance of ladder safety on the job

Massachusetts workers' compensation attorney

Ladders are used across many industries, including construction, retail, maintenance, utility work and grounds-keeping. Working from any height can be dangerous. It only takes one error in judgment to slip, or misstep to fall.

According to an article in Occupational Health & Safety, many serious injuries and deaths resulting from falls that happen from heights of less than 10 feet.

The dangers of working with ladders

There are a number of reasons why this can happen, including:

  • Worker distraction: Something as common as a conversation between two workers or a cellphone notification can lead to distraction.
  • Slippery surface on a ladder: Water, spilled liquids, and other slippery substances can significantly increase the risk of falling.
  • Incorrect placement and use of a ladder: Ladders should be placed on an even ground surface and should be sturdy. Any wiggle room can lead to instability.
  • Worker complacency: Some workers become overconfident when working on ladders and fail to take adequate safety precautions.
  • Fatigue: Fatigue happens when workers don’t get enough sleep, work long hours, or overexert themselves on the job. Fatigued workers are more prone to errors that can lead to falls.
  • Stress: Working too fast to keep up with demands can lead to poor safety practices and dangerous errors.

How can accidents involving ladders be prevented?

Another article by Occupational Safety & Health suggests doing the following to prevent ladder accidents:

  • Ensure that the right ladder is being used: Workers should not be overextending or reaching to perform a task on a ladder. When workers find themselves doing this, then they are likely not using the right sized ladder for the job.
  • Maintain three points of contact: When using a ladder, workers should maintain three points of contact: hands, knees, and feet. Hands and feet should firmly grip each step on the ladder and knees should make contact for added stability.
  • Avoid overreaching: When using the right sized ladder, workers shouldn’t have to reach for an item or to perform a task. Instead, it would be better to readjust the ladder.
  • Use the 4-1 ratio: For every four feet of ladder length used, the base should be moved pulled away from the wall by one foot.
  • Ensure ladder is level: A ladder should never wobble or feel unsteady. Instead, it should be placed on an even surface or adjusted with an integrated leg leveler.
  • Inspect ladder: It’s important to always inspect a ladder before using it. Check for dents, cracks, or damage to the legs, steps, or base.
  • Watch out for electric conductivity: Those who work around electricity should avoid using aluminum or ladders made from other metals. Instead, fiberglass ladders (which are non-conductive) should be used to avoid electric shocks from occurring.
  • Watch your step: About 20 percent of ladder-related injuries occur when someone misses the bottom step of a ladder. When stepping down from a ladder, be sure to watch your footing to avoid slipping and falling.

If you were injured in a ladder accident at work, you have the right to obtain workers’ compensation benefits to cover your medical expenses and lost wages. An experienced Massachusetts workers’ compensation attorney at The Law Offices of Deborah G. Kohl can help guide you through the process and maximize your chances of getting compensated.

To schedule your free case evaluation, contact us online or call us at 508-677-4900.

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13
May 2020
By

Can I collect workers’ compensation if I was injured while working from home?

Massachusetts workers' compensation attorney

Governor Charlie Baker issued a statewide stay-at-home order in March, which will stay in effect until further notice. Many Massachusetts businesses have closed their doors as a result, but some employees have the luxury of working from home.

According to the Bureau of Labor Statistics, 29 percent of U.S. employees (42 million workers) are capable of working remotely when needed. If you were hurt on the job while working from home, it’s important that you know your rights. An experienced workers’ compensation attorney can answer any questions you have regarding your at-home work injury.

Can I collect workers’ compensation if injured at home?

Accidents can happen anywhere. Remote workers are just as likely to be injured on the job at home as they are at a physical location. There are many possibilities of how an injury can happen at home. Some examples include:

  • A worker trips and falls while walking from one room to another
  • A worker develops tendinitis or other joint-related issue

Workers’ compensation usually covers work-related injuries that happen outside of the physical location of employment. However, it must be proven that the injury was sustained within the scope of your employment. This can be difficult to prove, since the injury could have happened during off-hours.

At-home work injuries count while an employee is either performing work-related duties or while on break. It’s best to inform your employer immediately if you sustained an injury. This way it can be documented at the time the injury occurred.

How can I reduce my chances of having my claim denied?

It’s very common for workers’ compensation claims due to at-home work injuries to be denied. This can happen when a claim form isn’t filled out correctly or there is insufficient evidence that an injury happened within the scope of employment. Even if your claim is legitimate, the insurance company who represents your employer will look for any reason to deny your claim.

Workers’ compensation claims can be confusing for those who don’t know how the legal system works. However, you can minimize the chances of a claim denial by consulting with an experienced Massachusetts workers’ compensation attorney. The Law Offices of Deborah G. Kohl can ensure that all paperwork is properly filled out and all needed documentation is provided before your trial.

To find out how we can help you, contact us online or call us at (508) 677-4900. We offer free case reviews and can speak to you remotely via FaceTime, Zoom, or Skype.

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