April 07, 2009
/24-7PressRelease/ -- Dangerous Working Conditions
Article provided by Law Offices of Jeffrey S. Glassman, LLC. Please visit our Web site at
www.jeffreysglassman.com/.
Construction sites are one of the most dangerous workplaces in the country. Construction workers face a number of hazards, from the materials they work with to the tools they use to the machinery they operate. Some of the most common types of construction accidents include:
• Scaffolding falls and falls from other dangerous heights
• Slip and fall injuries caused by unsafe work surfaces
• Crane accidents
• Head injuries from falling objects
• Injuries from misused or defective machinery or other tools
• Electrical accidents
• Welding and other burn injuries
There is a myriad of federal and state laws and regulations in place mandating certain standards of safety in the workplace. For example, the Occupational Safety and Health Administration (OSHA) is the federal agency in charge of overseeing health and safety regulations. The Occupational Health and Safety Act (OSH Act) requires employers to meet these standards, including maintaining equipment used by workers and providing safety equipment, such as hardhats and protective eyewear. The OSH Act also provides workers with a means to file complaints with the local OSHA office against employers who fail to correct unsafe working conditions.
But even with federal and local laws providing requisite levels of workplace safety, construction accidents still happen with an alarming frequency. Those injured should consider filing for workers' compensation.
Workers' compensation
When a worker is injured on-the-job or suffers a work-related illness, they can file a claim for workers' compensation. Workers' compensation is employer-provided insurance that specifically covers workers who are injured in the course of employment. Under the program, workers may be able to receive compensation for medical expenses, lost wages and disability.
Workers have the right to file a claim for workers' compensation whether or not they, or their employer, are responsible for the injury. In exchange for these benefits, workers generally are not permitted to bring a personal lawsuit against their employers to recover compensation for their injuries.
Massachusetts' state law requires all employers to provide workers' compensation insurance for all of their workers. The Department of Industrial Accidents (DIA) is the state agency responsible for overseeing and enforcing Massachusetts' workers' compensation laws.
When a worker is unable to work because of a workplace injury, the employer is not required to keep the job open until the worker can return to work - unless the worker has a union or worker contract requiring the employer to do so. Massachusetts law, however, does require employers to give preference to injured workers for any open positions they are qualified for once they are ready to return to work.
Who is eligible for benefits?
Any worker injured on the job is entitled to file a workers' compensation claim. Unless it is an emergency situation, the worker should notify the employer immediately of the injury before seeing a doctor. The employer has the right to require the worker to see a doctor in the employer's provider network for the initial visit. After the first visit, the worker has the right to see any physician he or she chooses. However, the workers' compensation insurance company can require the worker to see its own physician as well.
If the worker misses five full or partial days from work due to the injury, the employer must report the injury within seven days to the DIA and the employer's workers' compensation insurance provider. These five days do not have to be consecutive. Once the insurance company receives notice of the injury from the employer, it then has 14 calendar days to investigate the injury and determine the amount of benefits it will pay to the injured worker.
If the worker misses less than five full or partial days from work, the worker is still entitled to file for workers' compensation medical benefits to cover the costs of any medical treatment for the injury or illness.
What types of benefits are available?
There are several types of benefits that are available to injured workers under the workers' compensation program. The availability of the benefits will depend on the worker's injury and the amount of time the worker is unable to work. The amount of the benefits will depend on the worker's wages and length of time he or she worked for the employer.
• Temporary Total Incapacity Benefits
• Available after unable to work for six or more full or partial work days
• 60% of the worker's average weekly wage
• Benefits are available up to 156 weeks
• Partial Incapacity Benefits
• Available to those still able to work, but who have lost some of their earning capacity because of the injury or illness
• 75% of what the weekly total temporary benefits would be
• Benefits are available up to 260 weeks
• Permanent and Total Incapacity Benefits
• Available to those permanently and totally unable to do any work
• 2/3 of the average weekly wage up to the state maximum average weekly wage
• Benefits are available for the entire time you are disabled
• Permanent Loss of Function and Bodily Disfigurement Benefits
• Available to anyone who suffers permanent loss of function, scarring or disfigurement as result of workplace injury or illness
• Receive a one-time payment based on location and severity of injury
• Medical Benefits
• Available to anyone with a workplace injury or illness
• Coverage for any medical treatment as result of workplace injury
• Entitled to mileage reimbursement for trips for treatment
• Entitled to prescription reimbursement
What benefits are available to surviving family members if the worker is killed on the job?
In the event a worker is killed at work or dies because of a work-related accident, injury or illness, the surviving spouse and any surviving children are entitled to survivor benefits under the employer's workers' compensation plan. These benefits are paid weekly at a rate of 2/3 of the deceased worker's average weekly wage. This amount is capped at the state's maximum average weekly wage (SAWW). However, all families are entitled to a minimum level of survivor benefits, regardless of how much the worker made during his or her lifetime. Burial expenses up to $4000 also are available as part of the survivor benefits.
Workers' compensation laws are complex. To ensure you receive the full protection of the law and all of the benefits you are entitled to, it is strongly encouraged that construction workers injured on the job speak with a workers' compensation attorney about their options.
Workers' compensation laws are complex. To ensure you receive the full protection of the law and all of the benefits you are entitled to, it is strongly encouraged that construction workers injured on the job speak with a workers' compensation attorney about their options.
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