Walking-Working Surface Safety Regulations Generally, employers are required to keep all walking-working surfaces safe for employees, visitors, and patrons. There is a specific OSHA (Occupational Safety and Health Administration) regulation which addresses this safety issue: 29 CFR 1910.22(a)(3): Walking-working surfaces are maintained free of hazards such as sharp or protruding…
In the construction industry, there is a general rule of thumb often referred to as the “6-foot rule.” The “6-foot rule” typically is applied to major commercial construction projects, as well as smaller residential construction projects, amongst others. Essentially, the 6-foot rule requires employers to implement the use of fall…
On October 29, 2020, The Massachusetts Supreme Judicial Court issued its ruling in Mark Mendes’s Case, No. SJC-12857, which held that the Massachusetts Department of Industrial Accidents has subject matter jurisdiction over a claim involving an interstate truck driver based on his employment having “sufficient significant contacts” with Massachusetts. This…
No. Typically, you do not pay a personal injury or a workers’ compensation attorney out-of-pocket. At the Carney, Rezendes & Crowley, LLC, we focus on personal injury and workers’ compensation cases which operate on what is called a “contingency” fee. A “contingency fee” means that we only get paid if we…
Injured by a Forklift? Forklift, or Powered Industrial Truck (“P.I.T.”), injuries are very common in the construction industry for both drivers and nearby workers. According to the Occupational Safety and Health Administration (OSHA), an estimated 85 deaths result each year as a result of forklift operation accidents, as well as…
Judge gavel, scales of justice and law books in court On June 4, 2019, a Middlesex County jury awarded the Plaintiff, Benjamin Roy, a total of $925,000.00, which was reduced by 26% to $684,500.00 for the comparative negligence of Mr. Roy. With interest, the final judgment amounted to $828,301.18. On…
If you are injured and it is due in part or in whole to someone else’s negligence, then you may have a personal injury case. Negligence is generally defined as a failure to use reasonable care. If you were hurt because someone else failed to use reasonable care, you may…
The simple answer to this question is yes, but only in very limited circumstances. One cannot generally sue their employer for injuries that happen at work. There are, however, some exceptions where an injured worker may “sue” to be compensated for a workplace injury. Massachusetts’ workers’ compensation laws provide that…
Unfortunately for injured workers in Massachusetts, the short answer to this question is “yes”. Although Massachusetts General Laws Chapter 152, Section 75B(2) provides a legal remedy to injured workers who are fired in retaliation for filing a workers’ compensation claim, the law does not provide any protection for injured workers’…
Often times the first thought that employees have after suffering an on the job injury is whether their injury will cause them to be looked upon negatively by their employer. It is common knowledge that an injury that requires medical treatment and lost time from work will cost the employer…