Articles Tagged with work injury lawyer

wheelchairA worker who suffered a drug overdose on the job is suing his former employer, alleging his co-workers committed gross negligence by failing to call 911 and instead placing him in a cold shower. Bangor Daily News reports the 30-year-old man is now confined to a wheelchair and unable to care for himself.

The case is unique in the fact that in most Maine work injury cases seeking coverage of medical bills and lost wages from an employer, workers’ compensation is the exclusive remedy, as explained in the general provisions of 39-A M.R.S.A. §104. The law says an employer is exempt from civil action for either negligence or intentional conduct resulting in an employee’s injury or death, and also that a fellow employee is exempt from a Maine injury lawsuit arising out of the course of employment.

As a no-fault system, the employee is not required to prove negligence and the employer loses the right to assert most common-law defenses that would ordinarily address an injury lawsuit. The worker does need to show he or she was acting in the course and scope of employment. Although employees can (and should, if available) assert third-party liability claims against non-employer defendants whose negligence caused or contributed to their injuries, it’s very rare for an employee to succeed in a negligence lawsuit against an employer for injuries sustained in the course and scope of employment. This doesn’t apply to independent contractor workers, only those who meet the definition of “employee.”  Continue reading

Back injuries are the most common type of injury suffered on the job, according to the latest data from the U.S. Department of Labor Statistics. What’s more, the Maine Department of Labor reports the problem is getting worse here in The Pine Tree State.Legal News Gavel

Federal analysis indicates that in 2014, there were approximately 200,000 cases in which workers missed at least one day of work because of a back injury. That’s out of 1.15 million total instances of missed time for occupational injuries.

Meanwhile, the Maine DOL reports injuries to the lumbar spine (the lower back) represented 14.3 percent of all work-related injuries. Compare this to 2009, when lower back injuries comprised 10.7 percent of all work injuries.

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