Employers in Boston are required to provide an adequate level of safety for their employees. When safety standards are not up to par, workers can get seriously hurt. In many cases, could be claimed against your boss. Under certain conditions, these personal injury lawsuits against your employer could yield high damages. If suing your employer is not an option, you may still be able to sue third parties you believe are responsible for your injuries.
Workers left with debilitating injuries may be unable to afford medical care or the cost of everyday living if they cannot return to work. Our Boston workplace injury attorney can help you get the compensation you need. Call the Law Office of John J. Sheehan at (617) 925-6407 and ask about a free consultation.
Restrictions for Workplace Injury Lawsuits in Boston
In many cases involving a work-related accident in Boston, the employee will be required to file a workers’ compensation claim to get coverage for injuries and lost wages. Employers are required by law to have insurance that covers workers’ compensation, and those rules bar lawsuits against employers for injuries. However, there are many exceptions that might still allow a victim to file a personal injury lawsuit. While you do not need to prove fault to claim workers’ compensation, this process typically pays limited damages that will not fully compensate you for your injuries. Workers ‘compensation only covers things like medical expenses and a percentage of lost wages and blocks coverage for pain and suffering. to discuss your options for getting around workers’ compensation restrictions, please speak with our Boston workplace injury attorney.
Suing Your Employer for Workplace Injuries in Boston
If you can get around workers’ compensation restrictions, you may be able to file a lawsuit for your injuries. This can help unlock additional areas of compensation, such as pain and suffering damages, to get you the compensation you truly deserve.
You can always sue an employer for willful misconduct or intentional injuries at work. that means that if your boss hit you, they can be sued for your injuries.
You can also sue an employer for negligence if you fall into an exception that allows a lawsuit. In some cases, negligence might look like an employer who buys sub-standard safety gear for their employees to save money. If an employee is injured because their safety gear (e.g., a helmet) was not up to code, the employer could be at fault. Similarly, if an employer fails to adequately train their employees on proper safety guidelines because it would be too costly and time-consuming, they may be responsible for an accident.
You could also sue your employer if they had no insurance policy proving for workers’ compensation. Additionally, independent contractors are often entitled to sue instead of using other systems for compensation.
OSHA Violations and Workplace Injuries in Boston
When looking for a way to prove your boss was at fault for your accident, you can start by looking at the relevant OSHA regulations. The Occupational Safety and Health Administration (OSHA) sets rules and regulations regarding safety requirements for working environments. These rules can cover a variety of workplaces, from a typical office to a hazardous construction site. an OSHA violation does not guarantee proof of fault, but it is a good place to begin.
While OSHA rules will vary from workplace to workplace, some standard rules apply to many common work environments. Rules may pertain to…
- Safety training procedures
- Emergency exits
- Fire alarms and smoke detectors
- Sprinkler systems in case of a fire
- Elevator safety
- Standards of cleanliness
This is obviously not an exhaustive list. Depending on where you work, there could be many more OSHA regulations. As stated previously, an OSHA violation may not prove fault on its own, but it is a good piece of evidence to have in your arsenal. Contact our Boston workplace injury attorney to discuss the OSHA regulations of your workplace.
Suing a Third Party for Workplace Injuries in Boston
Injured workers can also sue third parties for their fault in causing an injury. Third parties often include people who may also be working on-site but are not your employers. a common example would be a subcontractor working on a construction site or a customer/client. If a third party is to blame for your accident, you may choose to file a lawsuit.
Depending on your situation and the nature of your accident, suing a third party may open several different options. For example, if a third party’s negligence caused your accident, you could sue them directly for your injuries. However, third parties could also include people who may not have been physically present at your work location. For example, if your accident was caused by faulty machinery, you might be able to sue the company that produced it and hold them liable. Speak with our Boston workplace injury lawyer to discuss your legal options.
Contact Our Boston Workplace Injury Lawyer for a Legal Consultation
If you were injured in a workplace accident, you should be compensated for your injuries and lost wages. Our Boston workers’ comp lawyers can help you begin proceedings to collect damages. to schedule a free consultation, call the Law Office of John J. Sheehan at (617) 925-6407.