In Massachusetts, workers’ compensation is considered the exclusive remedy against employers (and their agents) by a worker who is injured on-the-job. There are a few rare exceptions that involve intentional injuries resulting from willful and serious misconduct. In those instances, there is a doubling of benefits. However, approval of an…
The concept of workers’ compensation benefits is most often associated with work-related injuries. But occupational illness are equally as pervasive and can be just as serious. The Centers for Disease Control and Prevention estimates between 26,000 and 72,000 deaths occur annually in the U.S. as the result of occupational diseases.…
According to a recent report from NY1, an elevator mechanic fell to his death while on the job. He was working in a luxury tower building on the Upper West Side in New York at the time of fatal workplace accident. One resident interviewed couldn’t believe what happened as she…
There is a lot of work that goes into setting up a major event like the Super Bowl and that means a lot of workers are on hand. With such a large production, it is an unfortunate reality that some of those workers will be injured. Tragically, it is being…
Carpal tunnel syndrome (CTS) and other repetitive stress injuries (RSI) are among the most common on the job injuries in the Commonwealth of Massachusetts. However, many do not realize they suffer from a workplace injury or that it may make them eligible to receive workers’ compensation to assist them in…
Moreau v. Transp. Ins. Co., a workers’ compensation appeal from Supreme Court of Montana, involved claimant who work at an asbestos mine from 1963 until 1992. Claimant died as a result of asbestos-related lung cancer in 2009. Claimant’s surviving spouse, in her capacity as personal representative of claimant’s estate, filed…
Schultz v. Workers’ Compensation Appeals Bd., a case from the Court of Appeal of the State of California, involved claimant who filed an application for workers’ compensation benefits after being injured in a traffic accident. He was driving his personal vehicle at the time of the crash, which occurred on…
City of Danville v. Tate, a workers’ compensation case from the Supreme Court of Virginia, involved claimant who was employed by the city as a firefighter for 39 years. In March of 2009, claimant suffered a major heart attack and did not return to work. He retired six months after…
Duarte v. CA. State Teachers’ Ret. Sys., a case from the Court of Appeal for California, First Division, involved claimant who was a teacher for the state’s unified school district. He worked as a teacher there from 1993 to 1995. Claimant took personal leave in 1995 that was authorized but…
State, ex rel., Dep’t of Workforce Servs. v. Hartmann, a workers’ compensation appeal from the Supreme Court of Wyoming, involved claimant who was injured while driving a 240-ton truck in the course of his employment. A 240-truck is a giant dump truck typically used in conduction with a mining operation…