Chisels and screwdrivers are non-powered tools. The injuries that they inflict may be less severe than those inflicted by power tools, but they are also much more common. Many people assume that they are safe with hand tools and as a result may not take the appropriate precautions. Chisel and screwdriver accidents may make it difficult for construction workers, repair people, and others to work. If you are injured in a job-related hand tool accident, the Boston workers' compensation lawyers at Pulgini & Norton may be able to help.
Claims Based on Chisel and Screwdriver AccidentsChisel and screwdriver accidents may be caused by a failure to replace a defective tool, a failure to use a tool correctly, or a failure to use the appropriate tool for the situation. Generally, screwdrivers should not be used as chisels. They may slip and puncture a worker's skin. If the tip of the chisel is used as a screwdriver, it may break the skin. When these tools are stored in pockets, they may injure someone who has fallen. Some workers are injured because they have not been trained in the proper use of a chisel or screwdriver. For example, you should always cut away from yourself when using a chisel. Softheaded hammers should be used to hit a wooden chisel handle to avoid splitting the handle.
If you are injured in a chisel or screwdriver accident at work, you should seek medical care. You should also report the injury to your employer. If you lose work time of at least five days, your employer is supposed to file a Form 101, which is an Employer's First Report of Injury, with the Department of Industrial Accidents (DIA) and its workers' compensation insurer. They should also send a copy to you. The form should be filed within seven days from the fifth day on which you lose time because of your injury. The insurer has 14 days to investigate, and it will either pay or deny the claim.
Assuming that it decides to pay, you will receive a check within 3-4 weeks after being injured. You only start to be compensated for your lost wages (disability benefits) for the days that you are disabled after the initial five days that you were unable to work. However, you will be compensated for the first five disability days if you are disabled for 21 or more calendar days.
What if the insurer denies your claim? In that case, they will send you a Form 104, an Insurer's Notification of Denial, which specifies the reasons for the denial and advises you about your right to appeal through the Department of Industrial Accidents (DIA). You may call the insurer's claim representative about the denial. However, it is wiser to retain an attorney and ask the attorney to call the claims representative about why the claim was denied. You should not assume that the insurer is right to deny your claim. It is important to retain legal representation when you are filing a claim with the DIA.
Consult a Boston Attorney for Your Benefits ClaimChisel and screwdriver accidents may cause painful injuries that make it difficult for you to work for a period of time. If you are hurt in a chisel or screwdriver accident on the job, you may be entitled to workers' compensation benefits. The Boston attorneys at Pulgini & Norton may be able to advise and represent you. We also handle claims in Waltham, Braintree, Cambridge, and other cities in Massachusetts. For a free consultation with a job injury lawyer, contact us online or call us at 781-843-2200.