Bangor work injury attorney

October 4, 2018

Maine Injury Lawsuit Against Farm After Drug Overdose at Work

A 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

November 15, 2017

Maine Fisherman Sues for Workplace Injury Involving Finger Amputations

by Peter Thompson & Associates

A man is suing two salmon farm companies – including his employer – in federal court in Bangor following a Maine workplace injury at a salmon farm that resulted in the amputation of two of his fingers on his dominant hand. WGME.com reports the worker is seeking unspecified compensatory and punitive damages for losing his middle and ringer fingers on his right hand, claiming the two companies were negligent in failing to properly train employees and in failing to provide them with necessary safety equipment.

His attorney alleges the 22-year-old’s life will never again be the same, and he may never again be able to return to working on the water, something he loved. In addition, he’s alleged to be permanently disfigured.

This case is a bit different from most Maine work injury claims in that typically, workers are not able to sue their employers for compensation for such injuries. They can sue third parties for negligence, but the Maine Workers’ Compensation Act is considered the exclusive remedy available to employees who suffer work-related injuries, illnesses, or diseases against employers with workers’ compensation coverage. As long as the employer meets its obligation to provide workers’ compensation benefits, it’s immune from civil liability for injuries to employees. This immunity further extends to all of the company’s employees, supervisors, officers, etc. (meaning you can’t sue your co-worker or your boss).

November 18, 2016

Report: Maine Workers Most Commonly Suffer Back Injuries

by Peter Thompson & Associates

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.

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.