If an employee is injured on the job, he or she may be entitled to compensation for their injuries suffered, medical expenses and lost wages. If an employer provides his or her employees with worker’s compensation insurance, this generally precludes employees from suing their employer for workplace injuries. Therefore, instead of filing a lawsuit against the employer, an employee must file a claim to receive workers’ compensation benefits. However, if workers’ compensation is not offered to employees, the injured employee still has recourse to collect damages, and the employer is strictly liable under Massachusetts law, in a civil lawsuit for compensation.
In September 2013, Mark Avant was working for his employer, Olin Corporation in East Alton, Illinois. While on the corporation’s property, a pipe that was improperly fitted exploded, hitting Avant and causing him to fall to the ground. According to Craig Schlapprizzi, Avant’s attorney, Avant suffered painful physical injuries to his head and body and also suffered from emotional stress and depression. The lawsuit seeks damages in excess of $50,000 for medical expenses and pain and suffering, plus attorney’s fees and costs.
Olin Corporation has responded by saying that they are not responsible for any injuries sustained by Avant. They claim that Avant was contributorily negligent by being in a restricted area of the property and by not wearing proper safety gear. They further claim that Avant should have exercised more reasonable care than he did.
Olin Corporation does not provide workers’ compensation benefits to their employees. However, Avant may still be entitled to collect damages for the injuries he sustained while on the job.
If you or a loved one has suffered injuries while on the job or has been denied workers’ compensation benefits by your employer, please call 617-787-3700 now to speak with one of our expert Massachusetts workers’ compensation lawyers or email us at email@example.com.