Are MA Construction Companies Required to Provide Safety Training and Equipment?
Construction sites are notorious for their potential hazards, making safety training and equipment crucial for protecting workers from accidents and injuries. In Massachusetts, construction companies are legally obligated to provide safety training and equipment to their employees.
While this responsibility is placed on Massachusetts construction companies, that does not necessarily make them liable in the event of an accident. In most cases, you can recover losses from an injury through your employer’s Workers’ Compensation insurance. These benefits are provided no matter who caused the accident. This can help ensure you receive compensation for your damages without proving liability for failing to train employees or use safety equipment.
For a free case evaluation with our Massachusetts Workers’ Compensation attorneys, contact the Law Office of John J. Sheehan today at (617) 925-6407.
Do Construction Companies Have to Provide Safety Training and Equipment in Massachusetts?
As an agency committed to ensuring the safety and health of construction workers, the Occupational Safety and Health Administration (OSHA) has put in place several regulations to protect employees from various hazards that might arise in the workplace. Training is a crucial aspect of OSHA’s mission to promote safety.
However, navigating the Massachusetts training and safety equipment rules and regulations can be challenging, especially since they vary according to industry and job type. Massachusetts also has its own laws that affect safety equipment and training requirements.
Private Construction Workers
Private sector construction workers are protected under 29 C.F.R. § 1910, which is enforced by OSHA. OSHA carries out inspections and issues penalties for violations in the private sector. They also provide guidance and clarification when there are ambiguities around the rules. Private sector employees are required to undergo training on specific safety topics as specified by OSHA. If you suspect that your employer is not complying with OSHA standards, you can file a complaint through OSHA.
Public Construction Workers
Public sector workers, such as those employed in state, municipal, and county construction jobs, are protected by Mass. Gen. Laws Ch. 149 § 6-1/2. The Massachusetts Department of Labor Standards (DLS) is responsible for enforcing OSHA regulations for public sector workers. The DLS provides a list of required training topics based on the specific department for public sector employees. In the case of state, municipal, or county workplaces, DLS conducts inspections, provides guidance on the rules, and accepts complaints about safety and health issues.
In a typical accident, you would normally file a lawsuit against the negligent party if they failed in their responsibilities. However, most Massachusetts construction companies are protected from lawsuits since they offer Workers’ Compensation insurance. This is because Workers’ Compensation covers injuries from construction work regardless of who was at fault or whether proper training and equipment were provided.
How Do I Claim Worker’s Compensation for a Construction Accident in Massachusetts?
Workers’ Compensation is a no-fault insurance system designed to provide benefits to workers who suffer injuries or illnesses arising out of and in the course of their employment. This system helps injured workers receive benefits regardless of fault, eliminating the need to prove liability on the part of the employer. However, working with our Arlington, MA Workers’ Compensation lawyers can help avoid the challenges that might hold up your benefits. Be sure to take the following steps when claiming Workers’ Compensation in Massachusetts:
Reporting Your Injury
It is of utmost importance that employees promptly inform their employer of any injuries sustained while on the job. Failure to report an injury in a timely manner could result in the loss of eligibility for benefits. As a result, it is recommended that employees become familiar with the specific time frame for reporting injuries and comply with it strictly. By doing so, they can ensure that they receive proper medical attention and benefits while also allowing their employer to take necessary measures to prevent similar incidents from happening in the future.
Seeking Medical Treatment Immediately
In the event of a workplace injury, construction workers have the legal right to seek medical treatment to address their injuries. Your employer’s Workers’ Compensation insurer is responsible for providing reasonable medical expenses, which might include emergency care, hospitalization, surgeries, medications, physical therapy, and rehabilitation.
Medical treatment should be sought as soon as possible after the injury to ensure proper healing and recovery. In addition, workers should keep track of all medical expenses related to their injuries to ensure they are properly compensated by their employer or their insurance provider.
Filing Your Claim
When an individual gets injured while performing their job duties, they can receive compensation to cover their medical expenses and lost wages. To initiate this process, the injured worker must file a claim with the Massachusetts Department of Industrial Accidents (DIA) within the specified timeframe.
The DIA will then review the claim and determine eligibility for benefits based on the severity of the injury, the circumstances surrounding the injury, and the worker’s employment status. If the claim is approved, the injured worker will receive compensation to cover their medical expenses and lost wages within a few weeks.
What Damages Are Covered by Workers’ Compensation in Massachusetts?
Workers’ Compensation can help cover various damages if you get injured at work in Massachusetts. These can include medical expenses, lost wages, and even rehabilitation costs.
Construction injuries can be severe and require extensive medical treatment. Fortunately, workers’ compensation insurance typically covers reasonable medical expenses related to the treatment of construction injuries. This includes doctor visits, hospital stays, surgeries, medications, and rehabilitative services such as physical therapy and occupational therapy.
Workers’ Compensation might also cover the cost of medical equipment and transportation to and from medical appointments. If you’ve been injured on the job, it is crucial to seek medical attention and report the injury to your employer as soon as possible to ensure that your medical expenses are covered.
In the event that a worker is unable to return to work because of an injury, they might be eligible for lost income benefits. These benefits typically amount to approximately 66% of the worker’s average weekly wage. The specific amount and eligibility requirements for these benefits vary depending on the type of construction work the victim was doing.
If you have suffered a construction injury that has resulted in temporary or permanent disabilities, you might be entitled to disability benefits. These benefits are determined based on the severity of your disability and can vary in terms of amount and duration. Depending on the extent of your injuries, you could be eligible for a range of benefits, including medical treatment and rehabilitation services for the duration of your injuries.
Our Massachusetts Workers’ Compensation Attorneys Are Here to Fight for Your Rights
Call the Law Office of John J. Sheehan at (617) 925-6407 for a free case review with our Boston Workers’ Compensation lawyers.