Articles Posted in Workers Compensation

a0b7bf6eb8febc2d57f7769bd6b44b66-1-300x260Slips, trips, and falls are some of the most common types of injury and account for over 1 million ER visits each year in the U.S.  Though most falls are minor and result in a bump or bruise, 1 in 5 falls causes a serious injury like a broken bone or head injury, according to the Centers for Disease Control & Prevention (CDC). Falls are the 3rd leading cause of unintentional injury-related deaths for all ages and the number one cause for those ages 65 and older. Slips, trips, and falls can happen at home, at work, at the grocery store, or simply walking down the street. Slip and fall accidents can be particularly serious to the elderly. Falls are also mostly preventable. Rhode Island property and business owners alike are obligated to maintain safe conditions for those who are expected to come upon their property and make repairs in a timely manner. As individuals, we must hold ourselves accountable by being aware of our surroundings and avoiding unnecessary distractions that can result in a fall, like looking down at a cell phone while walking. In light of June being National Safety Month, the Providence slip and fall lawyers at Tapalian Law would like to share with you some tips to eliminate common tripping hazards and reduce injuries from a slip and fall.

Distracted Walking

Cell phones have made it easy for us to stay in contact with work, friends, and family 24/7 but they are also a major cause of slip and fall accidents. Falls are frequently the consequence of inattention or a distraction, like looking down to use a cell phone. This is known as distracted walking. Like distracted driving, distracted walking can cause injury, both minor and severe. Looking down at a cell phone while walking can cause a crash into another person, a trip down a flight of stairs, a fall off a sidewalk, or worse. Distracted walking can cause a person to unknowingly walk into traffic or take a serious fall, resulting in severe injuries or a fatality.  If you must use a cell phone while walking, stop in a safe spot out of the way of other pedestrians and vehicles to make your call or send your text to avoid an injury due to distracted walking.

wet-floor-225x300Falls are the most common reason for emergency room visits in the U.S. each year. This type of accident accounts for 1 million ER visits yearly. A slip and fall can happen anyplace, in a residential setting or a commercial setting. Falls frequently take place at a grocery store, big box store, hotels, and in the work place.  A slip and fall can be caused by a neglected spill on the grocery store floor, a broken step or faulty hand-railing at a restaurant, a slippery pool deck on a cruise ship, and a myriad of other causes. None of us set out on our day expecting an accident but slip and falls are very common and one of the most frequent types of personal injury lawsuit. As Rhode Island slip and fall attorneys at Tapalian Law, we see people injured in slip and fall accidents on a regular basis. Injuries from a fall can range from a minor or severe injury and can be fatal. Slip and fall accidents can also be very expensive. Walmart was hit with a $7.5 million lawsuit from a 2015 slip and fall accident that took place in one of their Alabama stores.  If you or someone you love have been injured in a fall, slip and fall injury lawyer David Tapalian can help you determine if you are eligible for compensation.

Common Injuries from Slip & Fall Accidents

Injuries from a slip and fall can range from very minor, a bump or bruise, but can also be quite serious or fatal. In fact, half of all accidental deaths in the home are caused by a fall according to the National Floor Safety Institute (NFSI).  Injuries are habitually more severe in the elderly. Fractures are a very common fall injury and can be grave. Other fall related injuries are sprains, torn ligaments, head, back, neck, and shoulder injuries, brain injury, concussions, and spinal cord injuries. Falls make up 87% of fractures seen among those over the age of 65 and are the second leading cause of spinal cord and brain injury. Check out a previous Tapalian Law injury blog for potential slip and fall hazards and how to prevent them.

file0001829472598-200x300School is over and the summer job search has begun for many Rhode Island teens. Parents are thrilled if their teen secures summertime employment to keep them busy, teach them responsibility, and earn some spending money. Before they begin though, it’s important they receive proper training in order to maintain a safe environment and avoid workplace injuries. Workplace injuries can have repercussions that can be life-altering to both the victim and their families, as the personal injury attorneys at Tapalian Law see firsthand. Proper on the job training for teens is crucial. Teenagers can be eager to begin working and may not understand aspects of the workplace that are unsafe, or how to remedy a dangerous work situation.

Young Workers Have a Higher Rate of Injury than Older Workers

Teens need adequate training and extra supervision particularly when they are new to a position. They must be instructed on how to wear safety gear and operate equipment if necessary for their position. Otherwise their lack of experience and maturity, combined with insufficient job training, can result in a workplace injury. The most common injuries for working teens are cuts, sprains, strains, and falls. Male teens are hurt more often on the job than female teenagers. The majority of teen workplace injuries happen to 17-year-old’s, followed by 16-year-old’s. The most popular industries for young workers are the accommodation and food service, or restaurant, industries, followed by retail positions.

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If you are injured on the job in Massachusetts, your injury is probably covered by workers’ compensation. Under Massachusetts workers’ compensation laws, an injured employee who requires medical treatment or is out of work for more than six days receives compensation for his medical expenses and lost income. However, workers’ compensation benefits are limited. You do not receive compensation for all lost wages. You also cannot receive compensation for damages such as physical pain and emotional suffering.

However, in a personal injury lawsuit, you may be entitled to recover 100 percent of your losses and damages. Unfortunately, most employees who suffer a work-related injury are unable to sue their employer. Workers’ compensation laws protect workers by providing medical care and other benefits for a workplace injury. These same laws also protect employers from personal injury lawsuits by injured workers. The exception to this general rule is in the case of third party negligence.

Suing A Third Party for A Work-Related Injury

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The Massachusetts workers’ compensation system is designed to protect employees who are injured on the job. Workers’ compensation laws are complex, and many workers wonder if they need a Massachusetts workers’ comp attorney or if they can represent themselves in their claim.

Can I Represent Myself?

Yes, you have the right to represent yourself in a workers’ comp claim. However, we do not recommend that you try to tackle a complex or disputed workers’ comp claim on your own.

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