Construction and landscaping work necessitates the use of wheelbarrows. They must be properly used, maintained, and stored to reduce the possibility of accidents for workers on the job. Among other things, workers are supposed to balance the load, secure it, use their legs to do the lifting of it, push forward, pass over obstacles using right angles, use qualified mechanics for inspections, keep tires inflated, replace splintered handles, and be mindful of the potential for explosions when a wheelbarrow is powered by a gasoline engine. If you are injured in a job-related wheelbarrow accident, our Boston workers' compensation lawyers may be able to provide representation as you pursue the benefits to which you may be entitled.
Wheelbarrow AccidentsThere are many ways in which a wheelbarrow accident may happen. For example, when a nonqualified mechanic maintains the wheelbarrow, they may make changes to the wheelbarrow that result in injuries. If a wheelbarrow is being used at an elevation and is not properly secured, it might fall and hurt someone on a lower level.
You may file a workers' compensation claim if you are injured in a wheelbarrow accident. In Massachusetts, the workers' compensation system is a no-fault system. This means that you will not need to establish either your employer's or a coworker's fault in order to recover benefits. Similarly, if you are at fault to some degree for the wheelbarrow accident, you will not be barred from recovering benefits because of this. However, the amount that you receive through the workers' compensation system is usually less than what you would receive in a civil lawsuit for personal injury damages. For example, you may not recover pain and suffering or emotional distress damages based on a wheelbarrow accident, even if you suffer catastrophic injuries.
Benefits that you may be able to recover include medical benefits, disability benefits, disfigurement benefits, loss of function benefits, and vocational rehabilitation benefits. The amount awarded for any of these depends on the particular situation. For example, the amount of disability benefits depends on your average weekly wage combined with the extent of your disability: whether it is permanent, temporary, partial, or full.
People who suffer injuries that require medical care should be aware that they are entitled to adequate and reasonable medical care due to work-related injuries. They are also entitled to prescription reimbursement as well as mileage reimbursement for travel related to medical visits.
When an injured employee is first visiting a doctor, the employer is entitled to designate a health care provider within the employer's preferred provider arrangements, but after the first visit, a worker is entitled to select their own health care provider. Periodically, the insurer may send a worker to see a doctor of its choosing to determine whether the worker is still disabled or incapacitated and to what extent.
Seek Representation from a Boston Lawyer Following a Job InjuryWheelbarrow accidents may cause significant injuries, particularly to people in the construction or gardening industries. If you are harmed in a job-related wheelbarrow accident, the Boston attorneys at Pulgini & Norton can provide knowledgeable legal counsel. We handle claims for workers in cities such as Quincy, Hyde Park, and New Bedford, as well as other Massachusetts communities. For a free consultation with a workplace accident lawyer, contact us online or call us at 781-843-2200.