Slip And Fall Lawyer Mass – It should come as no surprise that this is the season where slip and fall accidents tend to increase. While many slip and fall accidents occur in parking lots and intersections, there is a legal difference between a slip and fall accident at work and when you are out and about at your leisure.
Slip and fall accidents at work would be covered by workers’ compensation, while other slip and fall accidents would fall under general personal injury claims and laws. The main difference is that accidents at work do not require the injured worker to prove that someone was negligent.
Slip And Fall Lawyer Mass
Other types of slip and falls would require the injured party to prove that the homeowner was negligent in not removing or dealing with the snow and ice before being entitled to any compensation.
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During the winter months, slip and fall accidents account for a significant number of workplace injuries. Slips and falls can cause injuries that range from minor that require conservative care to very serious that require surgical treatment. It is important for an injured worker to understand their legal rights to workers’ compensation in Massachusetts after a fall on the job.
In Massachusetts, there are specific laws that require employers to carry workers’ compensation insurance to protect and offer special benefits to workers injured on the job. All of these laws are covered by the Massachusetts Workers’ Compensation Act (Massachusetts General Laws, Chapter 152).
These special benefits include medical benefits available to pay for any reasonable and necessary treatment associated with an employee’s work injury. Other benefits, known as disability benefits, are available to replace the portion of wages that an injured employee cannot earn due to a work-related injury.
It is important that the injured worker knows his benefits if he is injured in the workplace. It’s also important to know if your accidents and injuries are covered by workers’ compensation.
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Generally, when a worker is injured on the job, they would be entitled to workers’ compensation benefits, including the benefits listed above. This is usually to solve a problem. For example, if a worker falls from a ladder in the employer’s warehouse, he would be entitled to workers’ compensation.
If you were injured in a slip and fall on your employer’s property, you may be entitled to workers’ compensation in Massachusetts. For example, if you slip and fall in your employer’s building (such as a warehouse), you would be entitled to workers’ compensation. Also, if you go to work and get out of your car in your employer’s parking lot, then slip on ice and fall, injuring yourself, should also be covered by workers’ compensation.
If a worker slips and falls on the property of another person or company while on the job or in the course of their employment, they are entitled to workers’ compensation. For example, if a snow removal company worker slips and falls on a customer’s property while shoveling, the injured worker would be entitled to workers’ compensation even though the accident occurred on someone else’s property. Likewise, if a contractor slips and falls on someone else’s property while on the job, he or she would be entitled to workers’ compensation.
The question arises when an employee is injured in a slip and fall accident, and the accident occurred on the employer’s property while the employee was on his way to or from work. There is a rule that will prevent an injured employee from recovering workers’ compensation in this situation. The rule is known as the “departure and arrival” rule.
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In Massachusetts, prosecutors claim that workers’ compensation is for injuries sustained on the job
Employees who leave and are out of work. This means that if an employee walks to work and slips and falls on the sidewalk and is seriously injured, workers’ compensation will not be available. Similarly, if an employee is driving to work and stops for coffee, then slips and falls on the ice in a coffee shop parking lot, that employee would not be entitled to workers’ compensation under the “go and come.”
However, as with all personal injury cases, the specific facts of each accident must be carefully examined. Sometimes, a worker who is injured on the way to or from work may still be entitled to workers’ compensation. For example, we recently met with a man from Ashland, MA who will be working in Brockton, MA. When this worker entered his employer’s parking lot, he got out of his car, slipped and fell on the employer’s property. Although he was on his way to work, since his injuries occurred on his employer’s property in Brockton, MA, the injuries he suffered in the fall should have been covered by workers’ compensation.
Injuries would also be covered by workers’ compensation when an employee travels from one location to another while on the job and is injured in a slip and fall accident. Although this could be considered “going to or from” work, in this situation, slip and fall injuries while traveling between work locations during work hours should be covered.
Hurt At Work In Massachusetts? You May Have An Injury Case
If you have been injured due to a slip and fall at work, you should immediately report the accident and injury to your employer. In addition, seek medical attention immediately and remember to tell your doctor that your injury occurred at work. Then you should talk to an experienced Massachusetts workers’ compensation attorney.
Mahaney & Pappas, LLP specializes in helping injured workers obtain the workers’ compensation benefits they deserve. For a free case evaluation, call Mahaney & Pappas, LLP at (508) 879-3500 or contact us online. We’ll explain the entire workers’ compensation process and how Massachusetts workers’ compensation attorneys get paid. Since Jimmy Glaser founded Jim Glaser Law in 1996, he has dedicated his career to providing excellent legal advice to his clients. His dedication led to recognition on the National Trial Lawyers List as one of the 100 most influential trial lawyers in the country. Glaser also founded The Dial A Lawyer Network, a network of trusted personal injury lawyers in all 50 states, further demonstrating his commitment to helping injured people get reliable legal help.
Slip and fall accidents are not “minor” injuries. While some falls cause a few bumps and bruises, a slip and fall can cause traumatic injuries that are very debilitating and painful. If you suffer a traumatic brain injury (TBI), spinal cord injury, broken bones, or head injury, you may need one or more surgeries and months of painful physical therapy to recover. In some cases, a fall can lead to a permanent disability that changes your life forever.
If you have been injured in a fall, it is important to file a lawsuit against the party responsible for the condition that caused your accident. Determining who is responsible for a slip and fall accident can be difficult, especially if there is more than one party at fault. Our Boston slip and fall attorney can help you identify the responsible party and file a claim for compensation. Call Jim Glaser Law at 888-743-2079 for a free legal consultation.
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An accident can happen when you least expect it for many reasons. Common causes of slip and fall accidents include:
It is important to determine how the accident happened so that you can prove liability. However, you must also determine who is responsible for the conditions that caused the accident if you want to receive compensation for your injuries.
As noted above, there is more than one party responsible for the conditions that caused your accident. In most cases, the owner is responsible for any injuries that occur on the property. For example, if you fall in a parking lot, on private property (ie a neighbor’s house), or in a retail store, the property may be liable. However, if the property is rented or leased, the tenant may be liable or jointly liable with the owner of the property. If the accident occurred on government property, you may have to file a claim against a government agency.
Naming the correct party is important because you must prove that the responsible party knew or should have known about the condition that caused the accident and did nothing about it. You can also prove that the owner caused the dangerous condition and did nothing to correct the condition that caused the accident. Once you have determined who is responsible, you must show the court that the condition caused your injury and that you suffered damages as a result of the fall.
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According to the CDC, falls are the leading cause of death and injury among American adults. The National Floor Safety Institute (NFSI) reports that 8 million emergency room visits are due to falls, and more than 1 million emergency room visits.
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