26
May 2023
By

Loading Dock Accidents & Safety Tips To Prevent Them

A loading dock with orange safety cones and yellow barriers.

Workplace accidents that result in serious injuries often occur on loading docks. Unfortunately, loading dock accidents are becoming more common, according to a recent article in Safety + Health Magazine, which is published by the National Safety Council.

So why are loading dock accidents so common? What are the common causes of such accidents? And what can be done to prevent them? Below, you can find the answers to all these questions and more, including information on how a workers’ comp lawyer can help if you or a loved one has been injured in a demolition accident.

If you do get hurt in a loading dock accident in Massachusetts or Rhode Island, make sure you contact the Law Offices of Deborah G. Kohl. One of our experienced workers’ compensation attorneys can answer your questions and explain your legal options.

How common are loading dock accidents?

There’s a reason why loading dock accidents happen so often. So many items are loaded and unloaded on these docks across the country. Each year, businesses transport more than 18 billion tons of goods across the country, according to the Bureau of Transportation Statistics. And each year, thousands of loading dock employees get hurt on the job.

In 2018, nearly 6,600 employees sustained an injury at work on a loading dock, ramp, or dock plate, according to workplace injury data compiled by the US Bureau of Labor Statistics (BLS). That number is the most loading dock injuries in a single year since the BLS started listing the source of specific workplace injuries and illnesses in 2011.

Why do loading dock accidents happen?

Loading dock accidents that result in serious injuries occur due to many of the following reasons:

  • Forklift hitting or running over loading dock workers.
  • Falling objects hitting employees, either from delivery trucks or shelves near loading docks.
  • Delivery trucks hitting workers.
  • Vehicle collisions at or near loading docks.
  • Employees slipping and falling on loading docks, often due to water, snow, or ice.

What are common loading dock injuries?

Common loading dock injuries include:

  • Head injuries, including concussions and traumatic brain injuries (TBIs).
  • Back injuries, especially lower back injuries, due to lifting heavy boxes.
  • Broken bones, including bones broken in the arms, hands, and feet.
  • Internal injuries, which are caused by workers getting crushed by large, heavy objects or by forklifts or delivery trucks.

What can be done to prevent loading dock accidents?

Health + Safety magazine interviewed several workplace safety experts, each of whom offered some of the following suggestions for preventing loading dock accidents:

  • Properly train loading dock workers on how to safely operate all equipment, including forklifts and machinery.
  • Inspect loading docks regularly to ensure everything’s safe, especially the machinery used to load or unload trucks.
  • Inspect all machinery used to load and unload merchandise on loading docks, including forklifts.
  • Make sure loading docks are level and stable before unloading anything onto them.
  • Improve the lighting on loading docks, which are often too dark and not well-lit.
  • Set speed limit signs near the loading dock to encourage drivers and forklift operators to drive slower.
  • Install guardrails near loading docks to protect loading dock workers for trucks and forklifts.
  • Create a designated area where truck drivers can wait so they are not accidentally hurt during the loading or unloading process.
  • Require loading dock workers to wear reflective clothing so drivers and other workers can see them.
  • Install reflective markings on loading docks, especially in high-traffic areas used by delivery trucks and forklifts.

Why should I hire a workers’ compensation attorney?

Loading dock injury claims should be straightforward, especially if the injured worker is eligible to receive workers’ compensation benefits. Unfortunately, many work accidents quickly turn into complicated legal cases due to various factors such as disputed liability, third-party involvement, or employer negligence.

It is crucial to seek legal guidance and representation to navigate through the complexities and ensure that your rights and entitlements are protected.

To learn more about your legal rights, talk to an experienced workers’ compensation attorney at the Law Offices of Deborah G. Kohl. We regularly handle workers’ compensation claims in Massachusetts and Rhode Island. As a result, we thoroughly understand how the system actually works.

Demand the benefits you rightfully deserve. Contact our law firm and schedule a free consultation with a Massachusetts workers’ compensation lawyer you can count on when it matters most. We can answer your questions and explain your options.

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26
May 2023
By

Common Causes of Demolition Accidents

Demolition worker using a jackhammer to drill into wall on a construction site.

Demolition accidents, especially at construction sites, often result in serious workplace injuries or fatalities. But why do these accidents happen? Just how common are demolition accidents? And what can workers and demolition companies do to prevent injuries?

The Occupational Safety & Health Administration (OSHA) recently offered numerous suggestions for preventing demolition accidents. And if one does occur, it’s critical that injured demolition workers talk to a lawyer right away to learn more about their legal rights and options.

In many cases, injured workers are eligible to receive workers’ compensation benefits, especially in Rhode Island and Massachusetts.

How common are demolition accidents?

Many workplace accidents occur at construction sites, including demolition accidents. Each year on average, more than 200,000 construction workers nationwide get hurt on the job, according to workplace accident data collected by the U.S. Bureau of Labor Statistics (BLS). These accidents regularly result in over 80,000 construction workers missing work and over 1,000 construction accident fatalities.

And when it comes to demolition and extraction work, as it’s sometimes called, more than 160 workers for every 10,000 demolition workers are hurt on the job while performing demolition-related work each year, according to BLS statistics.

Why do demolition accidents happen?

  • Demolition workers are struck by falling debris, including roofing materials and bricks.
  • Demolition workers are crushed in a building collapse.
  • A worker falls from a height while on a rooftop or scaffolding.
  • A worker sustains a burn injury due to a fire.
  • Demolition workers suffer hearing loss due to loud equipment and power tools used on the job site.
  • Demolition workers are injured in accidents involving backhoes and other heavy machinery.
  • A worker is injured in an explosion.
  • A worker is electrocuted in an accident involving power tools, power lines, or wiring.
  • Demolition workers slip and fall on the job site due to unsafe working conditions or negligence by a third party (e.g., a subcontractor).

Steps to take to prevent demolition accidents

OSHA breaks down demolition safety into three areas–planning, providing protection, and properly training workers. Specific demolition safety tips include:

  • Locate any potential hazards before beginning demolition work. This includes inspecting the demolition site for nearby power lines, water lines, and other potential hazards.
  • Create a plan in the event of an emergency. This includes an evacuation plan and who to notify in the event of a demolition accident.
  • Provide demolition workers with safety equipment. This includes hard hats, hearing protection, protective eyewear, respirators, gloves, foot protection, and Personal Fall Arrest Systems (PFAS).
  • Train demolition workers on how to safely remove debris. Such safety training is mandated for all demolition workers nationwide, according to OSHA Public Law 91-596.

“Employers must instruct employees how to recognize and avoid or remove hazards that may cause an injury or illness based on their assigned duties,” OSHA states on its demolition safety page.

Injured in a demolition accident? Talk to an experienced workers’ comp attorney.

Demolition accidents in Rhode Island, Massachusetts, and other states often become complicated legal cases. Even if you are eligible to receive workers’ compensation benefits after your workplace accident, getting the benefits your rightfully deserve can often be very difficult.

This is why injured demolition workers should meet with a workers’ compensation lawyer licensed to practice law in their state. The experienced attorneys at the Law Offices of Deborah G. Kohl know exactly what to do. We have years of experience handling workers’ compensation claims in Rhode Island and Massachusetts and can help you navigate the process from start to finish.

Put your trust in a law firm that puts your needs first. Contact us and schedule a free consultation with a workers’ compensation attorney focused on helping you get the benefits you deserve. We can answer your questions and explain your potential legal options.

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26
Apr 2023
By

How Long Can You Receive Workers’ Comp Benefits in R.I.?

Safety at work concept. Close-up view of hardhat and injured factory worker in the background.

Understanding workers’ comp benefits in Rhode Island

Rhode Island, like all states, has a workers’ compensation system in place to provide financial assistance to workers who are injured on the job or develop an occupational illness.

Under Rhode Island law, all employers with one or more employees must carry workers’ compensation insurance. Once an injured worker’s claim has been accepted, they are eligible for various benefits through workers’ comp.

Workers’ comp medical benefits cover all reasonable and necessary medical treatment related to the work injury, including doctor’s visits, hospital bills, prescriptions, and prosthetic devices. Injured workers are also eligible for disability benefits through workers’ comp.

But how long is an injured worker eligible to receive workers’ comp benefits? In Rhode Island, there are many factors to consider. The length of time a worker can receive workers’ comp benefits depends on the severity of their injury, their ability to return to work, and the type of benefits they are receiving.

Total Disability Benefits

Total disability benefits are an important component of the workers’ compensation system in Rhode Island, providing financial assistance to workers who are completely unable to work due to their injuries.

As of January 1st, 2022, Rhode Island has discontinued the intermediate spendable base wage (SBW) calculations and has adopted a new compensation formula. For new injuries, the compensation rate will equal 62% of the claimant’s average weekly wage instead of the previous 75% of their spendable base wage.

Workers with dependents, such as non-working spouses or children under 18, may be eligible for additional dependency benefits. This financial assistance can help alleviate the financial burden of caring for loved ones while recovering from a work-related injury.

There is also a maximum weekly compensation rate for total disability benefits in Rhode Island. This amount is adjusted annually to account for changes in the cost of living.

Total disability benefits are available for as long as a worker is completely unable to work due to their injuries. Workers must provide medical documentation of their disability and work status to continue receiving benefits. In some cases, workers may be required to attend medical examinations or vocational rehabilitation programs to continue receiving benefits.

Partial Disability Benefits

In Rhode Island, injured workers who are able to return to work but are earning less due to their injuries may be eligible for partial disability benefits through the workers’ compensation system. These benefits are designed to provide financial assistance to workers who are unable to earn the same amount of money they were making before their injury or illness.

Partial disability benefits in Rhode Island are calculated as a percentage of the difference between a worker’s spendable base wage before the injury and their current earning capacity. These benefits are available for up to 312 weeks, with a maximum weekly amount that is the same as total disability benefits.

Once a worker’s condition has stabilized and is not likely to improve further, their benefits may be reduced. After reaching maximum medical improvement, a reduction in benefits is intended to encourage injured workers to seek out new job opportunities or vocational training programs that may enable them to earn a higher income.

Scheduled Awards

Rhode Island workers who sustain injuries to specific body parts listed in a state schedule may be eligible for scheduled awards through the workers’ compensation system. These awards provide a set amount of financial assistance to workers based on the type and severity of their injury.

The amount of a scheduled award is calculated based on the worker’s average weekly earnings, subject to a minimum of $90 and a maximum of $180 per week, multiplied by the number of weeks specified in the state schedule for the body part injured. For example, if a worker loses a thumb, the state schedule provides payment for 100 weeks of benefits. The worker’s average weekly earnings are then multiplied by 100 to determine the amount of their scheduled award.

Scheduled awards are available for a variety of injuries to specific body parts, including loss of use of an arm, leg, hand, foot, eye, or ear, as well as amputations, disfigurement, and scarring. The state schedule provides specific guidelines for the duration and amount of benefits available for each type of injury.

Contact a workers’ comp lawyer in R.I.

At the Law Offices of Deborah G. Kohl, we have extensive experience representing injured workers in Rhode Island, and we are committed to helping our clients seek the compensation they deserve. Our dedicated legal team understands the challenges that injured workers face, and we work tirelessly to help our clients overcome those challenges and achieve the best possible outcome.

If you have been injured on the job or have developed an occupational illness, contact us today to schedule a free consultation. We will review your case, answer any questions you may have, and provide you with the information and guidance you need to make informed decisions about your workers’ compensation claim.

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26
Apr 2023
By

How Long Can You Receive Workers’ Comp Benefits in Massachusetts?

Injured worker with a bandaged hand uses a pen to fill out a work injury claim form.

Navigating the Massachusetts workers’ compensation system can be complex without help from a lawyer

Workplace accidents are an unfortunate reality that can happen to anyone. When accidents do happen, they can result in physical harm and financial instability. Workers’ compensation benefits aim to provide relief for workers who have been injured or become ill as a result of their employment. These benefits typically cover medical expenses, lost wages, and vocational rehabilitation services.

However, it’s important to understand that workers’ compensation benefits are not indefinite. The duration of benefits varies depending on the type of injury or illness, as well as the severity and duration of the disability. It is crucial that employees are aware of how long they can receive benefits to plan for the future and ensure that they can financially support themselves and their families during the recovery period.

The Commonwealth of Massachusetts has established clear guidelines regarding the duration of workers’ compensation benefits, but the process of navigating the system and accessing the benefits can be complicated. Insurance companies can deny or terminate benefits, leaving workers in a difficult situation. That’s when seeking legal assistance from a Massachusetts workers’ compensation lawyer can help workers obtain the benefits they deserve.

Temporary Total Incapacity Benefits

Temporary Total Incapacity Benefits (TTI) are a vital form of relief for workers who have been injured or become ill and are unable to work for six or more days. The days of incapacity do not have to be consecutive.

The benefits available for TTI include weekly payments that amount to 60% of the worker’s gross average weekly wage in the 52 weeks prior to the injury or illness. These payments are subject to a maximum limit set by the state’s average weekly wage (SAWW) at the time of the injury or illness. Workers can receive these benefits for a maximum of 156 weeks, starting from the 6th day of disability. A worker who is unable to work for 21 or more calendar days will be retroactively paid for the first five days of incapacity as well.

The duration of benefits for TTI is subject to change, depending on the worker’s medical condition and progress. The Department of Industrial Accidents (DIA) may terminate or reduce benefits if the worker’s condition improves or if they return to work.

Temporary Partial Incapacity Benefits

Temporary Partial Incapacity Benefits (TPI) are a form of workers’ compensation that provides financial relief for workers who are able to work but earn less due to their injury or illness. Workers may be eligible for TPI benefits if they are forced to take a lower-paying job or work fewer hours due to their injury or illness.

The benefits available for TPI include weekly payments that amount to 75% of the worker’s weekly total temporary benefits. These benefits are subject to a maximum limit set by the state’s average weekly wage at the time of the injury or illness. For example, if a worker received $440 a week as total temporary benefits, the most they could receive in TPI benefits would be $330 a week ($440 x .75 = $330).

Workers can receive TPI benefits for up to 260 weeks. The duration of benefits may be subject to change, depending on the worker’s medical condition and progress. Workers may have their benefits reduced or terminated if they return to work full-time or if their condition improves to the point where they are no longer eligible for TPI benefits.

Permanent and Total Incapacity Benefits

Permanent and Total Incapacity Benefits (PTI) are a vital form of workers’ compensation that provides financial support for workers who are totally and permanently unable to do any kind of work as a result of a work-related injury or illness. To be eligible for PTI benefits in Massachusetts, workers must demonstrate that their injury or illness has resulted in a total and permanent disability that prevents them from performing any kind of work. Workers do not have to exhaust their temporary benefits before applying for PTI benefits.

The benefits available for PTI include weekly payments that amount to 66% of the worker’s gross average weekly wage in the 52 weeks prior to the injury or illness. The minimum amount a worker can collect is 20% of the state average weekly wage at the time of their injury, while the maximum amount is the SAWW at the time of their injury. Workers also receive an annual Cost-of-Living Adjustment (COLA) to ensure that their benefits keep pace with inflation.

PTI benefits can be received for as long as the worker remains disabled. Unlike temporary benefits, there is no maximum limit to the duration of PTI benefits. However, the Department of Industrial Accidents may review the worker’s medical condition periodically to determine if their condition has improved to the point where they are no longer eligible for benefits.

Medical Benefits

When a worker is injured on the job in Massachusetts, they are entitled to medical benefits to cover the costs of medical care related to their work-related injury or illness. To be eligible for medical benefits, workers must have suffered a work-related injury or illness that requires medical attention. This may include doctor’s visits, hospital stays, surgeries, diagnostic tests, prescription medications, and rehabilitation services. Workers must also ensure that they report their injury or illness to their employer within the designated time frame, as failure to do so may result in a denial of benefits.

The duration of medical benefits is based on the medical needs of the worker. There is no set end date; as long as the worker requires medical treatment for their work-related injury or illness, they are entitled to receive medical benefits. This may include ongoing medical care, rehabilitation services, and prescription medications. However, the insurance carrier has the right to deny or stop treatment that they believe is not necessary or reasonable. In these cases, workers may need to appeal the decision to the DIA to continue receiving the medical care they need.

Scarring and Permanent Loss of Function and Disfigurement

When a worker suffers a work-related injury or illness in Massachusetts that results in scarring, permanent loss of function, or disfigurement, they may be entitled to receive scarring and permanent loss of function and disfigurement benefits.

To be eligible for these benefits, workers must have suffered a work-related injury or illness that resulted in scarring, permanent loss of function, or disfigurement. The scars must be located on the worker’s face, neck, or hands. The severity of the scarring or permanent loss of function or disfigurement is also a factor in determining eligibility for benefits.

The benefits available for scarring and permanent loss of function and disfigurement vary depending on the location and severity of the injury. Workers may receive a one-time payment in addition to other workers’ compensation benefits, such as medical bills or lost wages. The amount of the payment depends on the severity of the scarring or permanent loss of function or disfigurement, and workers may be entitled to receive up to eight times the state average weekly wage at the time of their injury.

The duration of benefits for scarring and permanent loss of function and disfigurement is a one-time payment. However, if workers were injured or suffered an illness prior to December 24, 1991, they may be entitled to slightly different benefits.

Survivors’ and Dependents’ Benefits and Burial Costs

When a worker dies as a result of a work-related injury or illness in Massachusetts, their surviving spouse and dependents may be entitled to receive survivors’ and dependents’ benefits and burial costs.

To be eligible for survivors’ and dependents’ benefits and burial costs, the deceased worker must have suffered a work-related injury or illness that resulted in their death. The surviving spouse and dependents must also meet certain eligibility criteria, which include being the spouse or child of the deceased worker. Children are eligible only if they are under the age of 18, full-time students, or unable to work due to physical or mental disabilities.

The benefits available for survivors and dependents include weekly payments to the surviving spouse equal to 66% of the deceased worker’s average weekly wage, up to the maximum of the state average weekly wage at the time of the worker’s injury or illness. Surviving spouses become eligible for yearly cost-of-living adjustments two years after the date of the injury or illness. If the spouse remarries, $60 a week is paid to each eligible child. The total weekly amount paid to dependent children cannot exceed the amount the spouse had been receiving. Additionally, burial costs up to eight times the SAWW in place at the time of the worker’s death may be provided.

The duration of survivors’ and dependents’ benefits is based on the dependency of the surviving spouse and dependents. Surviving spouses can receive these benefits for as long as they remain dependent and do not remarry. Dependent children may receive benefits until they turn 18 or longer if they are full-time students or have physical or mental disabilities.

Vocational Rehabilitation

When a worker in Massachusetts suffers a work-related injury or illness that results in permanent functional limitations, they may be eligible for vocational rehabilitation benefits. These benefits are designed to provide workers with the opportunity to return to meaningful employment by acquiring new skills or by being matched with a job that accommodates their limitations.

The benefits available for vocational rehabilitation include training and education programs, job placement assistance, and other vocational services. These services may include on-the-job training, career counseling, and adaptive technology or equipment. The cost of these services is paid for by the workers’ compensation insurer.

The duration of vocational rehabilitation benefits is not fixed and depends on the worker’s individual needs and progress. Workers may request a meeting with the Office of Education and Vocational Rehabilitation (OEVR) at any point during their claim to explore their options for vocational rehabilitation services. If the worker chooses to lump sum their claim, they have up to two years from the lump sum approval date to request vocational services.

Talk to a workers’ comp lawyer in MA today

At The Law Offices of Deborah G. Kohl, we understand that navigating the workers’ compensation system can be complex and challenging for injured workers and their families. That’s why our legal team is dedicated to helping injured workers understand their rights and options.

By working with an experienced attorney, an injured worker can ensure that their claim is handled promptly and efficiently and that they receive the full range of benefits they are entitled to under Massachusetts law.

If you have been injured at work in Massachusetts, it’s essential to seek legal assistance as soon as possible. Contact us today for a free consultation.

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17
Mar 2023
By

Ladder Accidents in Construction: Causes and Prevention Strategies

Construction worker on ladder while working.

In the construction industry, ladders are one of the most essential tools. Ladders allow workers to reach high areas and perform other tasks with ease. However, they can also be involved in serious construction accidents and injuries. According to the Occupational Safety Health Administration (OSHA), falls from ladders are one of the leading causes of death in construction.

With March as National Ladder Safety Month, it’s important to recognize the risks associated with ladder usage and take the necessary steps to prevent accidents from occurring. And if you’re injured on the job, you need to know your legal rights and options.

Common causes of ladder accidents

Because ladders put workers at significant heights, they can be dangerous if faulty or not used correctly. Some of the most common causes of ladder accidents include:

  • Overloading ladders: Ladders can only support a specific weight capacity. When you overload them, they can become unstable and collapse. It’s easy to overload ladders by carrying extra tools and materials or by having multiple people on a ladder at the same time.
  • Defective ladders: Ladders that are damaged or missing parts can pose a safety risk to workers. A faulty ladder can break during use, causing a worker to fall and get hurt. This is why regular ladder inspections are crucial.
  • Improper use: There are different ladders suited for different jobs. Choosing the wrong type of ladder or placing the ladder on an unstable surface can increase the risk of an accident.
  • Lack of safety equipment: Workers should use safety equipment like a harness to protect them at high heights. With a lack of safety equipment, it is harder to prevent falls.

Best practices for safe ladder use

Most ladder accidents are preventable with the implementation of proper safety measures and protocols. Before using a ladder, make sure to inspect your surroundings. This is an essential step in ladder safety because it helps to identify potential hazards around the work area. Whether it’s an object on the ground or a high-traffic area, these hazards should be identified and addressed before using a ladder.

Make sure to follow the ladder three-point rule. This means a worker should maintain three points of contact with a ladder at all times while climbing or descending: either two hands and one foot, or two feet and one hand. This is to ensure the worker always has a secure grip on the ladder.

Learn your rights after a ladder accident

If you or a loved one has been injured in a ladder accident, you deserve compensation to cover your injuries. You should be able to file a workers’ compensation claim and, depending on the circumstances, potentially a third-party claim as well.

The workers’ compensation lawyers at The Law Offices of Deborah G. Kohl know how the legal system works in Massachusetts and Rhode Island. We can help you understand your rights and fight to get you the benefits you need.

Contact us and schedule a free consultation with an attorney who will put your best interests first. Don’t hesitate to seek legal advice. We’re ready to hear from you.

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13
Mar 2023
By

Workplace Eye Safety: Tips for Protecting Your Vision

A female construction worker putting on the proper safety glasses to protect her eyes from injury.

March is Workplace Eye Wellness Month

According to Prevent Blindness, more than 2,000 people injure their eyes at work every day. Whether you work in construction, manufacturing, healthcare, or in an office, eye safety should be a top priority. Eye injuries are common in many workplaces and can have serious consequences, such as loss of vision and long-term disabilities. However, workplace eye injuries can be prevented, and with March being Workplace Eye Wellness Month, it is the perfect time to learn the proper safety measures and precautions.

How do eye injuries happen at work?

Workers deserve a safe work environment, but many workplaces possess hazards that can cause eye injuries. Some common causes of workplace eye injuries include:

  • Projectiles: In many industries, workers are at risk of eye injuries from flying objects. Construction workers can be exposed to flying debris from power tools. Healthcare workers may be at risk from needle sticks or other sharp objects. Any foreign particles in the air, like dust, concrete, metal, or wood, can find their way into the eye.
  • Chemicals: When chemical liquids splash or spill, they can come in contact with the eye. Even chemical fumes from gases can burn the eye. In addition, substances like acids and alkalis can cause severe damage.
  • Radiation: When the eye is exposed to radiation, it can result in vision problems like cataracts and retinal damage. Ultraviolet (UV) radiation, infrared radiation, visible light, heat, and lasers are all hazardous to the eyes.
  • Burns: Eye burns can be caused by hot liquids, steam, and fire. The affected eye will appear red and swollen. Someone with an eye burn injury can suffer from pain, blurred vision, permanent scarring, and vision loss.

How to protect your eyes at work

Protecting your eyes while on the job is crucial for maintaining your vision and preventing potential eye injuries. You can do three things to prevent an eye injury at work. The first is to know what hazards may be on site.

Being aware of the hazards you may come across can help reduce the risk of an eye injury. Like with most things, knowledge is power. Once familiar with the potential dangers, you can take the proper steps to eliminate them. This should be completed before the commencement of any work task.

Even with the completion of an eye hazard workplace assessment, accidents can still happen. That’s why the third tip to protecting your eyes is wearing safety eyewear. It’s not just about wearing safety eyewear but the right type of eyewear for the job at hand. Here are some examples of common eyewear options for various workers:

  • Safety glasses with side shields: Crucial for workers exposed to an environment with hazardous flying objects or particles.
  • Face shields and welding helmets: Special safety eyewear like face shields and welding helmets can protect workers at risk of radiation exposure.
  • Goggles: Goggles are approved safety protection to shield the eyes against chemicals.

Talk to a workers’ comp attorney about your options

It’s important to know you have rights as a worker injured on the job. You can pursue workers’ compensation, but obtaining the benefits can be complicated. That’s why you need an attorney with experience and knowledge of the workers’ compensation system.

At the Law Offices of Deborah G. Kohl, our legal team has been helping clients in Rhode Island and Massachusetts get the workers’ comp benefits they deserve.

Get a trusted lawyer on your side. Don’t delay, workers comp benefits have strict legal deadlines. Contact us today to learn more.

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13
Feb 2023
By

Can You Get Workers’ Comp If You Get Hurt on Your First Day?

Male warehouse worker on the ground in pain from an accident that happened inside of industrial factory while his co-worker comes to give emergency assistance.

As a new employee, going in on your first day may be exciting and nerve-racking. The last thing you think would happen is getting hurt. Although it doesn’t happen often, it could happen to you. Usually, employees can seek workers’ compensation, but are you eligible for those benefits after working only a couple of hours? The short answer is yes.

Workers’ compensation eligibility

Typically, new employees have to undergo a grace period ranging from one to three months. During this time, they cannot receive benefits like PTO, health insurance, and sick days. Fortunately, workers’ compensation benefits can be accessed immediately. In addition, it does not matter how long or short an employee has been at a job; they are permitted to seek workers comp if injured.

A few requirements must be met to claim workers’ compensation benefits, but they are unrelated to the length of employment. The requirements include the following:

  • The injury or illness happens during employment hours, either on-site or traveling.
  • The injury or illness happens as a result of a job risk or hazard.
  • The injury or illness causes you to miss at least eight or more work days.

Possible first-day injury situations

Suffering an injury on your first day of work is an unfortunate scenario for some employees. There are different ways you can get hurt on the job like:

  • Poor training – Many types of occupations involve manual labor and the usage of heavy machinery. For these jobs, intensive training is necessary to protect the safety of employees. Lack of training or non-in-depth training can cause a worker or workers to get hurt.
  • Unlucky accidents – Sometimes, no matter how much precaution is taken, work-related accidents happen.
  • Insufficient safety equipment – Safety equipment is crucial for all employees, no matter what level of experience.

Report your injury no matter what

Being new, it is normal to not want to speak up, but not doing so can hurt the credibility of your workers’ comp case. Don’t be afraid to report your injury. You will not lose your job, it is, in fact, against the law for you to be fired for seeking workers’ comp benefits.

It’s also important to take the necessary steps to not only attain benefits but ensure your injury is properly treated. Seek medical care as soon as possible, and don’t worry about any financial burdens. Your medical bills can be covered through your workers’ comp benefits.

Need help with your workers’ compensation claim? Contact our law firm.

Workers’ compensation cases are all different, especially if your injury happened on the first day of work. The attorneys at The Law Offices of Deborah G. Kohl know exactly how overwhelming a situation like that can be. We take every case that comes our way seriously to help injured workers be fairly compensated. We have extensive experience dealing with workers’ compensation cases in Massachusetts and Rhode Island.

If you’ve been injured on the job, contact us today for a free case evaluation. We have the answers to your questions. We have three offices located in Fall River, Foxborough, and Providence.

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9
Feb 2023
By

What Are My Options if I Sustain a Burn Injury at Work?

Workplace burns are a painful reality for many employees

Work-related burn injuries can result in extensive medical treatment and a long recovery period. According to the American Burn Association (ABA), the average hospital stay for a burn patient is about two weeks, and recovery can take several months or even years, depending on the severity of the burn.

Burns are among the most devastating work-related injuries, often causing immense physical pain, disfigurement, and long-lasting consequences. This type of injury is particularly prevalent among workers exposed to hot surfaces, hazardous substances, electrical systems, or boilers.

You should be eligible for workers’ compensation benefits in the event of a workplace burn, but obtaining these benefits can be challenging. This is where the Law Offices of Deborah G. Kohl comes in. Our dedicated team of workers’ compensation lawyers is committed to supporting injured workers in Massachusetts and Rhode Island.

If you have suffered a burn injury while on the job, our attorneys are here to help. With offices in Fall River, Foxborough, and Providence, we offer legal assistance to injured workers in Massachusetts and Rhode Island. Contact us today to learn more about how we can help you.

Understanding the different types of burns and their severity

Burns sustained in the workplace come in various forms and levels of intensity. Some types of burns that can be sustained on the job include:

  • Thermal burns caused by flames or overheated machinery
  • Electrical burns resulting from contact with live electrical sources
  • Chemical burns caused by harmful substances
  • Scalding burns inflicted by hot liquids or steam
  • Radiation burns inflicted by ultraviolet light

The severity of burn injuries is determined by the number of skin layers affected:

  • First-degree burns only affect the outermost layer of the skin
  • Second-degree burns affect the epidermis and the underlying dermis, resulting in swelling, blisters, and severe pain.
  • Third-degree burns, the most severe type of burn, damage all three layers of skin, causing black, brown, and white spots and the destruction of nerves.

Workers in manufacturing, construction, refineries, and restaurants are most susceptible to burn injuries, but burns can occur in any workplace. It’s important for all workers to be aware of the different types of burns and their severity and to take the necessary steps to protect themselves from these injuries.

An overview of complications associated with burn injuries

The aftermath of a burn injury can be debilitating, with various complications presenting themselves as the injury heals. From bacterial infections that can lead to sepsis, to blood and fluid loss, to a dangerous drop in body temperature, the ramifications of a burn injury can be far-reaching. Additionally, scarring and excessive scar tissue formation are common consequences of burn injuries.

Minor burns may heal with minimal treatment and time away from work. However, severe burns can take several months to recover and can result in permanent disfigurement, amputation, or life-threatening infections.

If a burn covers a large area, is deep, or results in dark, leathery spots on the skin, it’s crucial to seek medical attention immediately. The same is true if the burn does not show improvement or if the wound is accompanied by increased pain, swelling, or fluid discharge.

Treatment for burn injuries may include antibiotics, pain and inflammation medication, surgery, rehabilitation, and skin grafting.

Compensation for a work-related burn injury

If you’ve suffered a burn injury while on the job, you may be eligible for a range of compensation options. Workers’ compensation benefits are designed to support employees who have sustained work-related injuries, including burns. These benefits typically cover medical expenses, a portion of lost wages, and other related costs, providing critical financial support for injured workers.

You may also have the option to file a personal injury lawsuit against a third party deemed responsible for causing the burn injury. This could include a manufacturer of faulty equipment, a supplier of hazardous chemicals, or a negligent subcontractor.

To fully understand your options for compensation in the aftermath of a workplace burn injury, it’s crucial to consult with an experienced attorney as soon as possible. A lawyer with a track record of helping injured workers can review the details of your case and provide you with a comprehensive understanding of your legal rights and compensation options.

Our attorneys can fight for your rights

If you have suffered a work-related burn injury in Rhode Island or Massachusetts, our team of experienced workers’ compensation attorneys is here to help. Contact us today to review your legal rights and options. There is no obligation, and you pay no fees unless we win your case. Trust us to be your dedicated and compassionate legal team. Schedule a free case evaluation right now.

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27
Jan 2023
By

How To Prevent Workplace Head Injuries & Saves Lives

Massachusetts workers' compensation attorney

Work-related head injuries occur more often than many people might realize, according to workplace accident data compiled by the National Institute for Occupational Safety and Health (NIOSH).

This is why efforts to prevent head injuries in the workplace must be “an absolute must in most hazardous environments,” said David Consider, senior workplace safety consultant at the National Safety Council, in an interview with Safety + Health magazine.

The Massachusetts workers’ compensation attorneys at the Law Offices of Deborah G. Kohl agree that more needs to be done to prevent work-related head injuries. That’s because we have witnessed first-hand just how devastating head injuries can be for injured workers and their families.

Workplace head injuries are common

Work-related head injuries often have serious or fatal consequences, especially in certain industries. For example, between 2003 and 2010, one out of four workplace fatalities in the construction industry involved a traumatic brain injury, according to NIOSH data.

However, construction workers aren’t the only ones who sustain severe head injuries. Safety + Health magazine states that “the risk for head injuries also is present in numerous other occupational sectors.” This is why all employers need to understand why work-related head injuries occur and what these businesses can do to prevent such injuries.

Why workplace head injuries happen

Work-related head injuries often occur due to negligence, especially due to a lack of safety measures by employers. According to Safety + Health magazine, examples of how head injuries happen on the job include:

  • Unsecured falling objects that hit a worker on the head.
  • Workers not being provided with proper head protection, including hard hats.
  • Employers who do not provide proper safety training for workers.
  • Lack of safety inspections, resulting in unsafe working conditions.

How to prevent workplace head injuries

There are many steps employers can take to prevent work-related head injuries. According to Safety + Health magazine, such steps include:

  • Provide employees with proper-fitting hard hats and other head protection equipment.
  • Regularly inspect hard hats for cracks or other defects.
  • Regularly inspect workplaces to make sure there are no loose objects or unsafe scaffolding that could result in a head injury.
  • Provide workers with safety instruction manuals and safety training designed to prevent work-related head injuries.
  • Employers should review such safety measures at least once a year to make sure that workers are properly protected.

How a Massachusetts workers’ compensation attorney can help

Work-related head injuries in Massachusetts can quickly turn into complicated legal matters. Instead of receiving the support injured workers deserve, many have to fight for the financial compensation they’re legally entitled to receive for their head injury.

When this happens, it’s important for injured workers to fully understand their legal rights. That’s why our Massachusetts workers’ compensation lawyers at the Law Offices of Deborah G. Kohl want to meet with you. We thoroughly understand how the legal system works in Massachusetts and Rhode Island. This is because we have successfully handled many legal cases in both states.

Learn more about your rights. Contact our law firm and schedule a free consultation with a Massachusetts workers’ compensation attorney you can count on in a crisis. We’re here for you when you need us most.

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25
Jan 2023
By

Fatal Workplace Accidents Reach 5-Year-High Nationwide, Data Reveals

silhouette of a construction worker high above the ground on a steel beam.

Workplace fatalities nationwide reached a 5-year-high in 2021, soaring above 5,000 deaths for the fifth time in six years, according to recent workplace fatality accident data compiled by the U.S. Bureau of Labor Statistics (BLS) in its latest BLS fatal occupational injury report for 2021.

“The data included in this report indicate workplaces have become less safe, and it is heartbreaking,” Lorraine M. Martin, president and CEO of the National Safety Council, said in a recent news article. “Everyone deserves the chance to live their fullest life. This report shows our mission to save lives, from the workplace to anyplace, is critical, and NSC is committed to doing its part to curb this deadly trend and put an end to preventable workplace fatalities.”

Our Rhode Island workers’ compensation attorneys agree. Unfortunately, based on the latest BLS data, workplaces have become less safe. Any efforts to improve workplace safety and prevent fatal workplace accidents are welcome news to the legal team at the Law Offices of Deborah G. Kohl.

Workplace fatalities on the rise

Fatal workplace accidents nationwide increased by 8.9 percent in 2021 compared to the year before, according to the latest BLS data. In 2021, a total of 5,190 people died in work-related accidents compared to 4,764 people in 2020.

In addition, the fatal occupational injury rate (which measures the number of workplace fatalities per worker) was 3.6 deaths per 100,000 full-time equivalent (FTE) workers, the higher number since 2016.

Or, to put these numbers in perspective, someone died on the job every 101 minutes in 2021, according to the recent National Safety Council news story about the latest BLS workplace fatality data.

Why do fatal workplace accidents happen?

Workplace fatalities increased in 2021 for many different reasons. However, some of the largest increases in fatal workplace accidents in 2021 occurred due to the following contributing factors:

  • Exposure to harmful substances—increased by 18.7 percent in 2021 to 798 deaths compared to 2020.
  • Fatal transportation-related workplace accidents—increased by 11.4 percent in 2021 to 1,982 deaths.
  • Intentional injuries by someone else at work—increased by 10.2 percent to 718 deaths.
  • Workplace violence—increased by 7.9 percent to 761 deaths.
  • Fatal slip and fall accidents—increased by 5.5 percent to 850 deaths.

What are the most dangerous jobs?

Certain professions have more workplace fatalities than others. Based on the latest BLS data, some of the most dangerous jobs include:

  • Protective services related jobs, which include firefighters, police officers, and other law enforcement officials. These professions experienced a 31.9 percent increase in work-related fatalities in 2021 compared to 2020 nationwide.
  • Maintenance, installation, and repair-related work, which had a 20.9 percent increase in the number of work-related fatalities in 2021 compared to the year before.
  • Commercial truck drivers, which experienced a 16.3 percent increase in workplace fatalities in 2021.
  • Construction-related work, which had 2.6 percent more job-related deaths in 2021.

How can a Rhode Island workers’ compensation attorney help?

Fatal workplace accidents in Rhode Island and other states often become complicated legal cases. Depending on the circumstances of the workplace fatality, surviving family members may be eligible to receive workers’ compensation and perhaps even additional compensation.

This is why it’s important for families to talk to a workers’ compensation lawyer licensed to practice law in their state right away. The experienced attorneys at the Law Offices of Deborah G. Kohl can help you every step of the way. We have years of experience handling complex workers’ compensation cases in Rhode Island and Massachusetts. As a result, we thoroughly understand how the legal system works in both states.

Discover what we can do for you. Contact us and schedule a free consultation with a Rhode Island workers’ compensation attorney who puts your best interests first. We can answer your questions and explain your different legal options.

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