Understanding The Most Common Workplace Injuries

Understand Your Rights After a Workplace Injury

The human body is an amazing machine, but it’s not indestructible. Additionally, based on the body’s structure, some body parts are more susceptible to injury than others. No matter the job or workplace, any injury is potentially possible. However, the following is a list of injuries that tend to occur more often than others.

• Burns
• Broken bones
• Nerve damage
• Brain injury
• Sprain and strain of a joint or muscle, especially the back or neck
• Cut, abrasion or laceration
• Illness from exposure to toxic substances

Many of these injuries occur in traditionally dangerous jobs, such as mining and construction. But some of the highest rates are in areas someone might not expect, like education and health services.

Causes Of Common Workplace Injuries

Most injuries that take place at work are avoidable. Despite this fact, they are still almost impossible to completely eliminate. Many of them are true accidents. But some of them are the result of the intentional acts of others. The vast majority of workplace injuries are the direct result of one or more of the following:

• Repetitive motion or stress on the body
• Entanglement in machines
• Bodily collisions, such as walking into objects
• Slip or trip
• Overexertion; for instance lifting an object that’s too heavy or trying to work with an existing injury
• Falls
• Motor vehicle accidents
• Falling objects or debris
• Violation of safety rules and regulations
• Negligent co-workers
• Intentional misconduct by fellow co-workers
• Substance abuse
• Bad weather
• Defective equipment or tools

Compensation Available To Injured Workers

Depending on how the injury occurred and those responsible for causing it, an injured worker will have two primary avenues of compensation: workers’ compensation and a personal injury lawsuit.

Workers’ compensation will be the primary way most injured workers receive compensation for their injuries. The most notable workers’ compensation benefits include lost income replacement and reimbursement for medical care. After a workplace accident that results in an injury, the workers should promptly report it to the employer, obtain medical attention and file a workers’ compensation claim.

To find out more about filing a workers’ compensation claim, please check out the Workers’ Compensation Claim page on our website.

In a limited number of cases, an injured worker will also be able to file a lawsuit to recover for his or her injuries. Most of the time, this isn’t possible because workers’ compensation is the sole legal remedy available. But three major exceptions apply to this rule.

First, a third party is responsible for the injury. For example, let’s say a commercial truck driver loses control of his or her truck. After the accident investigation, it turns out faulty brakes caused the crash. Even though the truck driver may have a workers’ compensation claim through his or her employer, he or she may also bring a personal injury lawsuit against the company that made the brakes or the truck.

Second, the employer has no workers’ compensation insurance. Subject to a few exceptions, most businesses in Massachusetts with employees will have workers’ compensation insurance. If an employer is required by law to have workers’ compensation insurance but does not have it when a workplace injury occurs, it’s impossible for the injured worker to file a workers’ compensation claim. Should this unfortunate situation occur, the worker may be able to directly sue the employer in court.

Third, the final exception deals with an injury that is the result of serious and willful misconduct by the employer. An employer that knowingly exposes its workers to harmful chemicals could find itself sued in court if a worker becomes injured due to the exposure.