Massachusetts Workers' Compensation Lawyer Blog
Tree workers, whether they work on or near trees, experience a heightened risk of injury. Serious hazards in tree work include falling from trees, tree limbs or entire trees falling on workers, and injury from heavy duty machinery. The Occupational Safety and Health Administration (OSHA) takes safety precautions in tree work very seriously.
If an individual not working in any official capacity is injured by a falling tree branch, they may be able to sue the property owner if the injury occurs on private property. Property owners generally have a duty to make their property reasonably safe for those who are lawfully there. Similarly, if the injury occurred on public property you may be able to sue the local government under a theory of negligence.
The rules are a bit different when it comes to workers injured in a tree accident. Workers injured in an accident involving a tree have the same legal recourse as workers in other jobs. The primary remedy is a workers compensation claim. The system is set up as a no-fault system, meaning you do not have to prove that any of the regulations were not followed to get compensation. All you have to prove is that during the course of your work you were injured. This means even if you are partially at fault, you can be compensated for your injuries. We highly recommend contacting our experienced team of workers compensation attorneys, as insurance companies make a habit of denying valid claims and withholding money from injured parties. We know your rights, and we are here to get you what you deserve. Workers can be compensated for hospital costs and costs associates with long term damage, loss of productivity, and time way from work.
OSHA Protocol:
- Assess work site for fall and falling object hazards
- Have an arborist assess likely risks
- Determine if rigging is necessary
- Determine if workers will need to use lift
- Identify and provide the proper protective equipment
- Only used approved climbing equipment
- Ensure the training of all workers
- Workers should remain 10 feet from power lines, or else have them de-energized
- Take steps to protect workers from falling objects, including establishing a drop zone
- Establish a communication system between workers
- Provide traffic controls
- Establish emergency procedures
We can also get a third-party suit going if you believe another party was negligent leading to your injury. For example, if the safety equipment was defective you may have a negligence claim against the manufacturer. Contact us to evaluate whether this is an option for you.
If you are ever injured on the job, after you seek medical attention for your injuries, contact our workers’ compensation team at Altman & Altman LLP. Our experienced work injury lawyers are available around the clock to answer your questions or to provide you a free case consultation. To speak to a local and dedicated workers’ compensation lawyer, give us a call at 617.492.3000.
