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Workplace Injury

Wrongful Death at Work

Work-related accidents occur frequently, especially in certain industries that tend to be more dangerous, such as construction or factory jobs. While some accidents that happen at work need little more than a few stitches, others result in the serious injury or wrongful death of the employee.wrongful-death-at-work-mazo-mcullough

If your loved one was killed in a work-related accident, you have many challenges ahead, including grieving your loss and dealing with financial matters. Here’s what you need to know about a wrongful death at work and how our attorneys can help you get through these difficult obstacles.

Reporting the Accident

One of the most important things that can occur soon after the death of an employee is the accident being reported and accurately recorded. How the accident occurred, what happened leading up to the accident, and witness testimonies are all crucial information that needs to be reported to the employer and to an attorney.

Workers’ Compensation

In accidents that result in a fatality that occur outside of a workplace, the only legal remedy for financial coverage for medical and funeral expenses is insurance and/or a wrongful death lawsuit. When a fatality occurs in a workplace, workers’ compensation becomes another option to recover damages for medical bills that are related to the accident.

When to Contact an Attorney

Many expenses likely won’t be covered by workers’ compensation, including funeral expenses, lost future wages, loss of consortium, and emotional trauma and suffering due to the sudden loss of a loved one. However, a wrongful death lawsuit can help provide legal remedy for additional damages suffered by survivors, in particular, non-economical damages.

At Mazow | McCullough, PC, we understand how devastating it can be to lose a loved one unexpectedly in a work related accident. Not only are we committed to helping your family obtain the full and fair compensation you need for your loved one’s final expenses, we will also fight to see that justice is done for your loved one. We will exhaust every legal option available to ensure that those whose negligence or carelessness played a role in your loved one’s passing are held accountable and penalized for their actions.

Don’t hesitate to contact our office to speak with a compassionate, experienced wrongful death attorney. Call us today at (855) 693-9084 for a consultation to learn more about what your next step should be after a loved one’s wrongful death at work.

Mazow|McCullough, PC Secures Workplace Injury Settlement

For Massachusetts Worker Injured on Construction Site

While working as a laborer for a subcontractor on a construction site, the plaintiff was struck on the head by a piece of cement/mortar that fell from a building.  At the time of the incident, the plaintiff suffered fractures of the spinous processes at C6, C7, T1 and T2.

The Defendants’ Case

The defendants were the general contractor and subcontractor asbestos removal company.  They each disputed that they were responsible for the injuries suffered by the plaintiff at the construction site.  Specifically, the defendants asserted that although the plaintiff was struck on the head by falling cement, the cement did not fall nor was it caused to fall by the defendants.  Moreover, the defendants asserted that although the cement fell onto the plaintiff’s head, the defendants took all reasonable and necessary precautions to avoid this incident.

Establishing the Construction Worker’s Case

Through the course of extensive discovery, photographs, witness statements and expert witnesses, the attorneys at Mazow|McCullough, PC were able to establish evidence that the defendants failed to properly secure the site of any and all loose debris prior to starting work on the date of the injury.

The day before the injury, the defendants were conducting demolition of the multilevel building at the site. While demolishing the building, it was discovered that several areas of the building (including several windows) contained asbestos. Work was stopped on the 14th to allow for the asbestos removal on the 15th.

There were several areas of the building with exposed loose, unsecured cement and metal.  Moreover, the building itself was structurally weak due to the demolition.  The defendants failed to secure the area of any and all loose debris prior to directing the plaintiff to work in his designated area on the date of his injury.

The Circumstances of the Workplace Injury

Further, while the plaintiff was removing asbestos from a window, one of the defendants’ employees was operating a motorized skid steer/bobcat, attempting to remove plywood from another window in close proximity to the plaintiff.  The defendant employee had a metal chain attached to the machine and was attempting to pull the plywood away from the building so that the asbestos removal crew (including the plaintiff) could remove the asbestos.

The force of the machine and the efforts to remove the plywood caused the loose cement and debris from several floors above to fall onto the plaintiff’s head.  Specifically, as the defendant employee was attempting to back away from the building and rip the plywood from the wall, he caused the cement to fall onto the plaintiff.

Injuries Suffered by the Construction Worker

Among the injuries suffered by the plaintiff were a broken neck and several fractured spinous processes.  The plaintiff was transported by ambulance to the UMASS Memorial Medical Center in Worcester for treatment.  He continued to be treated locally (within the Merrimack Valley area) upon release from the hospital for his neck and back pain.  Although the plaintiff has been discharged from active medical treatment he remains susceptible to future arthritic conditions and future injury/exacerbation.  Moreover, the plaintiff suffers from an ongoing permanent, partial impairment pursuant to the AMA guidelines of 12%.

Efforts at Mediation and Avoiding a Trial

Efforts at a mediation failed.  However, as trial approached, Attorney Kevin McCullough of Mazow | McCullough, PC was able to negotiate a very favorable settlement on behalf of the plaintiff which included payments for his medical bills, lost wages, loss of future earning capacity and pain and suffering.

Have you suffered from a workplace injury? Contact a Massachusetts personal injury lawyer at Mazow|McCullough, PC today for a free consultation.

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