Tuesday, April 8, 2008

The Big Dig Claims Another Victim

This is actually useful information.

Let's say you're a construction foreman and you supervise a concrete pour that takes 27 hours -- 27 straight hours (in case you were wondering, contractors do really really miss the Big Dig). You didn't really have to stay, in the sense that you could have gone to your boss and whined about having to work for 27 straight hours. But instead of whining, you suck it up. And then you fall asleep at the wheel on the way home from said 27 hours of concrete pouring and slam into a utility pole.

Now let's say you make a workers' comp claim for the injuries you suffered thanks to that effing utility pole with which you're now intimately familiar. Well, today the SJC said "Too bad. Nope. No workers' comp for you."

The next time somebody talks about the SJC being too hard on insurance companies, employers, our capitalist masters, etc., tell them to take a look at Haslam's Case, SJC No. 9915. That's the moral of this story.


Anonymous said...

Don't know if you're aware, but Megan's Law states that if you are awake for more than 24 hours (i.e. a doctor or resident) and hit someone on the way home, you can be charged with attempted murder or murder, if they die. He's lucky that the workman's comp issue is the only one he has to deal with.

Terry Klein said...

You're right that it could have been worse. I took a quick look at Melanie's Law, which I think is what you're referring to. I don't see the provision that you're referring to. http://www.mass.gov/legis/laws/seslaw05/sl050122.htm