Handling Workplace Injuries and Workers Compensation

A few weeks ago, a New Jersey jury awarded more than $2 million to the family of a man killed by a dump truck driver. The 28-year-old man was an inmate of Maryland State Corrections, serving a two-year sentence for drug distribution.

The man was on a work detail, picking up trash on the Capital Beltway. Around 10 a.m., he and several other inmates were walking across an exit ramp to begin picking up trash on the other side of the ramp. A 39-ton dump truck struck the man as he crossed the exit ramp. The truck crushed the man's legs and he suffered severe pain for 45 minutes before dying. Testimony revealed that the dump truck driver was exceeding the off ramp's 40-miles-per-hour speed limit and improperly crossed a solid white line while passing a tractor-trailer.

The man's family alleged that the supervisory officials were negligent for two reasons. First, a state correctional officer mistakenly believed that they had blocked off the off-ramp to traffic. Second, the warning signs indicating that there were people working on the off ramp were inadequate. If unsafe work conditions have injured you, a Washington DC and Boston injury lawyer can advise you what rights you have.

Workplace Injuries and Compensation

Workplace injuries affect over four million Americans every year. More than half are injured severely enough that they have to miss work and around 1,000 die each year from workplace injuries or conditions.

Workers' compensation is a type of insurance that provides financial support for a worker in the event that he or she suffers an injury while on the job. The worker can receive reimbursement for medical expenses, lost wages, and other benefits regardless of whether the employer was negligent or at fault. In exchange for these provisions, the trade-off is that a worker cannot usually sue his or her employer for negligence.

The following are some of the steps to take in the event that you suffer a workplace injury:

• Immediately notify your supervisor and file an injury report, regardless of whether the injury seemed slight (slight injuries may result in recurring problems later)
• Keep a copy of the injury for yourself
• List as many details about the accident that you can remember, including witnesses, condition of the work area, and safety hazards
• Take pictures of the area
• Do not let anyone into the area where the injury occurred until your company can conduct its own follow-up investigation and report
• If your employer isunresponsive to your claims, file a report with the federal Occupational Safety and Health Administration

There remain certain situations where you can sue your employer such as:

• Your employer intentionally injured you
• Your employer lacks adequate workers' compensation coverage
• When parties other than your employer played a role in the negligence that injured you; such third-party lawsuits are still permissible even under a workers' compensation system

Dealing with workers compensation claims, appeals, and administrative bodies can be difficult and cumbersome. If workplace negligence has injured you, contact a Boston and Washington DC injury attorney at Pollack & Flanders, LLP to learn what your rights are.