Massachusetts Workers Compensation Lawyers Blog
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According to a recent news feature from Business Insurance, the United States Food and Drug Administration (FDA), has just voted to approve medical implant device designed to help patients fight addiction to opioids.

perscription-drug-case-1156714-mThis implant, which was designed by two drugmakers working on a joint project, is implanted during a surgical procedure under the skin of the patient’s arm. A subdural implant in a patient’s arm is nothing new, as there are even forms of birth control that use this delivery method. Continue reading

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In the Commonwealth of Massachusetts, along with the rest of the nation, the workers’ compensation system is designed in such a way the claimant does not have to prove he or she was injured on the job as a result of the negligence of his or her employer, as it would be for a typical personal injury case. In a workers’ compensation case in Massachusetts, it is only necessary to establish that employee was injured and that his or her injury occurred on the job, or that employee suffered an illness that is work-related.

mke8KlCFor an example of a work-related illness, the nail care industry is a good place to start. Many technicians spend their entire day working with harmful chemicals that cause skin conditions and respiratory illness, including severe breathing disorders. An employee who is eventually unable to work as result of severe respiratory illness would be required to show he or she had become sick as result of working in the nail salon. There would, however, be no need to prove the employer was negligent in any way. Continue reading

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According to a recent report from ABC News, there was an explosion at the Dow Chemical factory in northeastern Massachusetts. The explosion resulted in four workers becoming injured. This, however, is the not the first serious workplace incident that occurred in this particular building. In 2013, there was another explosion at the same location that resulted in the death of a worker.

n2uw3LGIn this latest serious workplace accident, emergency personnel, including firefighters and EMTs, were called to the scene around 2:30 in the afternoon. Authorities soon determined that while there was a serious explosion of some sort, there was no fire caused as a result of the blast that injured the four employees. Officials at the chemical plant issued a statement saying that there were no chemicals released into the environment as a result of the explosion. As for the cause of the explosion, that is still under investigation. Continue reading

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People often associate carpal tunnel syndrome (CTS) as a repetitive stress injury (RSI) that is typically caused at work. While this is true, many people do not associate carpal tunnel syndrome with an on-the-job injury or illness for which they can and should file a workers’ compensation claim. We tend to see employees who try to manage the condition themselves by purchasing hand braces at the local drugstore, or simply take over-the-counter pain medication or use an ice pack.

wrist-pain-1445343-1-mCarpal tunnel syndrome is caused when repetitive stress, or in some cases an acute trauma, causes the carpal tunnel to become compressed. The carpal tunnel is basically a tube surround a bundle of nerves that run through the wrist into the base of the hand. These nerves are responsible for the movement of the fingers. When the carpal tunnel becomes pinched, the worker will experience pain and weakness in the hand and fingers. The pain can also radiate up and down the entire arm, making it nearly impossible and painful to do anything. Continue reading

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According to a recent news article form the Worcester Telegram, a 30-year-old man was killed in an industrial accident on Christmas Eve. The victim was working as a CNC operator when the accident occurred. A CNC machine is a large machine designed to cut metal into desired shapes. CNC is an abbreviation for computerized numerical control, and is designed to take a computer model of the item and translate it into to cutting directions for the machine to make the part.

welding-1387182-mThe United States Occupational Safety and Health Administration (OSHA) is a federal agency that is charged with investigating all fatal workplace accidents and other serious industrial accidents to determine if the employer violated any safety regulation that contributed to the accident. If the agency determines there were violations, it has the authority to take remedial action. Continue reading

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The workers’ compensation system is generally considered an exclusive remedy system. This means that if a worker is eligible to receive workers’ compensation, he or she cannot file a civil lawsuit against his employer. It is important to understand that it does not matter if the employee actually files a workers’ compensation claim, because the test is whether he or she is eligible to file a workers’ compensation claim. This means that a worker cannot choose to a file a civil lawsuit instead of filing a workers’ compensation claim.

pizza-1426108-mHowever, this does not mean that a worker cannot file a workers’ compensation claim with his or her employer and then file a civil personal injury lawsuit against a third party defendant who actually caused the workplace injury. This is typically the person who caused a car accident that injured an employee while he or she was on the clock, but it can also include a person who attacked a worker and caused serious personal injury or death. Continue reading

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Fall accidents are one of the most common and often one of the most serious types of injuries suffered by employees in the Commonwealth of Massachusetts including the greater Boston area. Under the workers’ compensation system, an employee must file a claim with his or her employer as soon as possible following a fall accident. However, it is also essential that an accident report be generated and filed with the worker’s employer.

mjYB3LcThis means that all employees who are injured on the job should immediately report an accident to their employers. While some accidents are obviously serious, and your supervisor will be made aware immediately, other accidents may not seem as serious at the time. Continue reading

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According to a recent report from the Boston Herald, one worker was killed at a Sears Auto Center when the tire from a large truck exploded and another person was seriously injured. Police responded to the explosion at a local mall just before eight in the morning.

motion-1197254-mWhen they arrived on scene, they found a 22-year-old employee at the auto center who was severely injured. First responders provided immediate medical attention and attempted to stabilize him, so he could be transported to a level-one trauma center. Specifically, his injuries were a result of blunt force trauma to the head. EMTs transported the injured worker to the hospital, but doctors were unable to save him, as his injuries were too severe, and he died as a result of the massive head trauma. Continue reading

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Panoke v. Reef Dev. of Hawaii, Inc. is a case from the Supreme Court of Hawaii. Claimant started working as in ironworker during the month of February 2004. He was hired to perform strenuous physical activities. His responsibilities included negotiating scaffolding, carrying buckets that weight more than 50 pounds to the scaffolding, using a jackhammer, and using pulleys to lift heavy items.

mmftBzMOn one occasion, he was working for employer on a construction site. He was responsible for assisting with an effort to build a wall with the use of large concrete panels. During the construction, other crewmembers were using pulleys to lift large concrete panels when one of the panels partially broke free from the chains used to hold it, and it swung abruptly to one side. At this point, employee was guiding the panel with his hands from ground level. Continue reading

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Multiple Injury Fund v. McCauley, a case from the Oklahoma Supreme Court, involved a claimant who filed three different claims with his employer. In his first claim, employee alleged that he had suffered a cumulative neck injury, back injury, and spinal injury. He said he was first aware of the injury in 2006.

red-symbols-1-1092767-mHis second claim involved an injury to his hands, shoulders, and arms, and he said he first became aware of these injuries in 1990. His third and final claim involved an injury to his knees, and he said he first became aware of this medical condition in 1990. All these claims were filed in October of 2012. In December of that same year, the plant where claimant worked shut down. This meant his date of exposure to a work-related injury was December of 2012 with respect to this same employer. Continue reading