Workers' Compensation Rights
Warehouse Accidents
Massachusetts Attorneys Protecting the Rights of Injured Workers
For thousands of workers across the nation, the dangers of employment in a warehouse environment are a daily reality. Employees in these situations face a host of challenges, including dealing with sophisticated equipment, heavy products, and chronically chaotic surroundings, all of which pose threats to health and safety. If you or a loved one has recently encountered an injury or health concern due to work in a warehouse, the law firm of Kantrovitz & Associates, is here to help you. Our workers’ compensation lawyers are proud of providing diligent legal guidance to injured Massachusetts employees.
The Prevalence of Warehouse Accidents
According to the United States Bureau of Labor Statistics, nearly 15,000 workers are injured each year in the warehousing and storage industry, including 12 fatalities per every 100 workers. The Occupational Safety and Health Administration (OSHA) tracks reported accidents in warehouse environments and has identified the top three injury categories in warehouses as slips and falls, injuries incurred from lifting, reaching, and pushing activities, and equipment handling incidents such as forklift accidents.
In all of these circumstances, employers are required to be alert to ongoing concerns. They must promptly address unsafe conditions or post appropriate warnings to guide employees, drivers, and other people involved on how to best ensure safe movement throughout the facility. Employers also must train workers in how to properly use equipment and monitor them to ensure that it is used correctly and safely.
Seek Workers’ Compensation Benefits for Your Harm
If you or a loved one has recently experienced a workplace accident at a warehouse or storage facility, you may be entitled to benefits under the Massachusetts workers’ compensation system. State law specifically provides coverage for numerous warehouse-related accidents. Although the state system is meant to protect workers as thoroughly as possible, disputes may arise in making a workers’ compensation claim. Many of them are denied in the initial stages, even if they are valid and thoroughly supported with medical records and other evidence. This is why the assistance of a qualified legal professional can be helpful in asserting your rights.
Depending on the extent of your harm, you may be eligible to receive temporary total incapacity benefits, partial incapacity benefits, or permanent total incapacity benefits. To receive temporary total incapacity benefits, you would need to show that you were unable to work at all for at least six or more calendar days, which do not have to be consecutive. This type of assistance amounts to 60 percent of your average weekly salary. Partial incapacity benefits may be available for workers who can perform their job duties to a reduced extent but are not prevented from working entirely. These are limited to 75 percent of the amount that would be assigned under temporary total incapacity benefits. Finally, permanent total incapacity benefits may be an option if you are no longer able to work at all and will not be able to work again in the future. It is important to note that this assistance is available only if you can show that you will be unable to perform any job, not just the job that you held when you were hurt or became ill. These will amount to two-thirds of your average weekly wage over the previous year, in addition to cost-of-living adjustments. These benefits can extend indefinitely, whereas temporary total incapacity benefits end after 156 weeks, or three years.
If you believe your injury is the result of misconduct on the part of your employer or a failure to properly abide by safety regulations, you may also wish to consider filing a complaint with the federal Occupational Safety and Health Administration (OSHA). Each worker is entitled to raise a complaint against his or her employer, and an experienced attorney can advise you on how to complete this process while avoiding retaliation at your job.
Discuss Your Claim for Benefits with a Massachusetts Lawyer
If you have recently experienced an injury from your work in a warehouse facility, you may be concerned about lasting physical harm, uncompensated time off work, and an ongoing impact on your ability to do your job. At Kantrovitz & Associates, our work injury attorneys have several decades of experience helping Massachusetts claimants obtain the benefits and compensation they deserve to relieve the burdens upon them. For more information or to schedule a free initial consultation, contact us at 800-367-0871 or online. Our clients come from the Boston area and throughout Norfolk, Suffolk, Plymouth, Essex, and Middlesex Counties.