How to Sue for Inhalation Injuries at Work in Massachusetts

Inhalation injuries occur when someone breathes in smoke or gases that damage their lungs. Inhalation injuries are common in cases involving fires. These injuries often leave victims with severe lung damage from which they might never fully recover. To get fair compensation for what you have endured, our legal team can help you sue for damages.

To sue for inhalation injuries at work, you first need to see a doctor immediately. Contact a lawyer to discuss your case when you have gotten the care you need. Your attorney can evaluate your evidence and damages and help you prepare a lawsuit. In some cases, injured victims might be barred from suing if they are bound by Workers’ Compensation laws. Work-related accidents often fall under these rules, and suing your employer might be prohibited unless special circumstances exist. If you can sue, our team can help you evaluate your damages to maximize your compensation.

Call the Law Office of John J. Sheehan at (617) 925-6407 and speak to our Massachusetts work accident attorneys for a free, private case assessment.

Beginning a Lawsuit for Inhalation Injuries at Work in Massachusetts

A lawsuit for inhalation injuries you sustained at work may begin in much the same way as most other cases and claims. Your first step is to get to a hospital immediately. Inhalation injuries can be extremely serious, and you might experience severe respiratory issues. In many cases, people with inhalation injuries need immediate medical care, or they risk permanent damage or even death.

Once you have gotten the treatment you need, you or someone close to you should call a lawyer to discuss your potential case. At this point, you might still be unsure about suing, but you should talk to our Massachusetts work accident lawyers anyway. We can advise you of your legal options and help you decide the right path forward that works for you.

Before your case can begin, we must gather evidence and assess damages. The formal legal complaint must contain details regarding evidence. We do not have to have all possible evidence or enough evidence to meet the burden of proof. Instead, we need just enough evidence to show the court that your cause of action has merit and warrants a trial. We must also include all your damages, as anything left out of the complaint may not be compensated.

How Workers’ Compensation Might Affect Your Ability to Sue for Inhalation Injuries at Work in Massachusetts

Inhalation injuries at work are complicated for several reasons. First, they are painful and complex injuries that often require extensive and costly medical care. Second, injuries that happen at work might fall under Workers’ Compensation laws, which might bar some people from suing.

According to Mass Gen. Laws Ch. 152 § 24, when employees are injured in work-related accidents in Massachusetts, they might have no choice but to file a Workers’ Compensation claim. Other legal remedies, including suing your employer, are barred. If you are covered by Workers’ Compensation, you probably cannot opt out, and you might be unable to sue your boss for your inhalation injuries.

However, Workers’ compensation only applies to workers who are considered “employees” within the meaning of the law. This definition, according to § 1(4), states that an employee may be most workers who perform services for payment. Only a select few occupations and workers are not considered employees. One of the largest groups that does not include employees is independent contractors. If you are an independent contractor, you may sue your employer because they are not really your employer. Instead, they may be considered more of a client or customer who hired you for your services.

You might still be able to sue even if you are an employee within the legal definition of the term. If your employer does not carry the necessary insurance to provide Workers’ Compensation – which is a legal violation – you may sue them. Alternatively, if you believe your employer deliberately caused or allowed your accident to occur, you may sue them.

Assessing Damages for Inhalation Injuries at Work in Massachusetts

Damages for inhalation injuries sustained at work can be quite staggering. Remember, inhalation injuries are known for being serious, and you might have severe respiratory damage that can affect your breathing for the rest of your life.

Economic Costs

Medical care is likely the biggest factor in your economic damages calculations. Treatment for inhalation injuries can be extensive, costly, and time-consuming. Long-term complications and future expenses should also be considered. Smoke inhalation can leave people with long-term or permanent respiratory issues, which may require future medical treatments. Some people need life-long care, which can be extremely difficult to afford.

We should also consider how your injuries affect your job. First, your employer might be involved in your case since your injuries happened at work. Some people cannot continue working for someone they believe is responsible for their injuries. Some people might be unjustly fired for taking legal action. Even if nothing like that happens, you might still be unable to work because of your injuries. In this case, you can claim the income you miss out on.

Non-Economic Injuries

Non-economic injuries are sometimes harder to determine because they are often unrelated to financial costs and are inherently subjective. They tend to vary based on the plaintiff’s personal experiences, so determining how much money they are worth is hard. Even so, they warrant compensation, and you deserve justice.

Psychological injuries are common in inhalation injury cases. Accidents that cause inhalation injuries are often related to fires, which can be extremely traumatic. If you suffered smoke inhalation from a fire, you may claim substantial non-economic damages related to your trauma and distress.

How has the injury affected your daily life? You might claim damages related to the reduction of your quality of life or your loss of enjoyment of things you can no longer do. For example, inhalation injuries can make staying active very difficult. If you previously enjoyed outdoor activities, sports, exercising, or other physical activities, your injuries might make them no longer possible. In severe cases, even everyday things like walking around the grocery store are challenging.

Speak with Our Massachusetts Personal Injury Attorneys About Your Case Now

Get a free, private case assessment by calling the Law Office of John J. Sheehan at (617) 925-6407 and speaking to our Boston work accident attorneys.