At the Law Offices of John C. Manoog, III, our Cape Cod workplace accident lawyers represent people who have been injured in a broad range of mishaps on the job. Whether these result from hazardous conditions, faulty equipment, or negligent coworkers, an employee who gets hurt at work has a number of legal tools available that are designed to compensate the worker for his or her harm. Our lawyers understand the pain and financial stress that often comes with a workplace accident. We work diligently to pursue the full legal remedies to which injured employees may be entitled.
Scaffolding accidents are unfortunately a common occurrence at construction sites and other workplaces. More than 2.3 million construction workers do at least some of their jobs on temporary structures implemented to streamline the building process, according to the U.S. Department of Labor. More than 4,000 people are injured and 60 workers killed in scaffolding accidents nationally each year.Pursuing Workers’ Compensation Benefits
Workers’ compensation is often the primary source of financial assistance for a person involved in a scaffolding accident. It is a no-fault insurance system in which employers pay into a fund to make benefits for lost earnings and medical costs available to employees who have been hurt on the job. The benefits are doubled in cases in which a worker is harmed as a result of “serious and willful misconduct” by his or her employer. Massachusetts law gives injured workers the option to decide whether to take those benefits in a single lump sum or on a weekly basis.
In order to obtain these benefits, you would have to prove that you were hurt on the job and that the injury is of the type covered by state law. You also would need to demonstrate the extent of the injury, the related medical costs, and the impact of the injury on your ability to work.Bringing a Third-Party Claim
While an injured employee covered by workers’ compensation is generally banned from suing his or her employer after an accident, this protection does not extend to third parties that may share responsibility for causing the harm. Many different entities, such as various contractors and sub-contractors, may interact at a construction site where a scaffolding accident happens. Also, a manufacturer may supply a defective product that harms a worker who uses it. When a party other than the victim’s employer is partly or fully responsible for the injuries, he or she may be able to bring a negligence claim against that third party.
These lawsuits require proving the four elements of duty, breach, causation, and damages by a preponderance of the evidence. The defendant must have owed a duty of care to the injured worker, breached that duty by engaging in some careless action, and directly caused the accident because of the breach. If the worker can establish those elements and also show that he or she incurred quantifiable damages, a wide range of compensation may be available. Forms of damages often extend beyond what may be available through the workers’ compensation system to cover more subjective forms of harm like pain and suffering.Consult a Cape Cod Lawyer after a Workplace Accident
At the Law Offices of John C. Manoog, III, our attorneys have more than 146 years of combined experience handling workers’ compensation and other personal injury cases. We have a strong record of success and a well-earned reputation for providing aggressive and comprehensive legal services for the people whom we represent.
If you or a loved one has been hurt at a construction site, contact the Cape Cod workplace accident attorneys at the Law Offices of John C. Manoog, III. Our personal injury lawyers offer free consultations at our offices in Hyannis and Plymouth. We can also travel to you if you cannot make it to us. We do not charge a fee in many cases unless we are successful. Call us at 888-262-6664 or contact us online to schedule a free initial consultation. Nós Falamos Português.