Articles Posted in Workers’ Compensation Benefits

Harris v. Millennium Hotel involved a worker who was shot and killed while working at a hotel in Alaska. The employer did not deny that the death occurred in the course of the worker’s employment, but when her spouse filed a claim for workers’ compensation death benefits, the employer denied the claim on grounds that they never received any proof that the deceased worker was legally married to the claimant.

As our workplace injury attorneys can explain, when a worker dies on the job, his or her surviving spouse may be eligible to receive workers’ compensation death benefits. This may also have an effect on your ability to file a civil negligence lawsuit.

In Harris, the claimant filed a notice that she was filing a challenge to the constitutionality of the state workers’ compensation statute on grounds that it was discriminatory against same sex couples who were not allowed to marry under state law.

The claimant submitted evidence to show that the couple had lived to together for many years and lived in every way as married couple, including becoming financially interdependent. The workers’ compensation board affirmed the denial of her right to death benefits, due to fact that they were not legally married, and could not have been legally married under state law. The board had no authority to rule on the constitutionality of the statute and chose not to do so.
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Stevens v. S.T. Servs., an appeal from the Minnesota Supreme Court, involved a claimant who began working at liquid storage facility in the late 1970s. In the mid-1980s, the claimant injured both shoulders and the year after his injury, his employer terminated his services.

For the next seven years after his termination, surgeons performed multiple operations on the claimant’s shoulders. During that period, the claimant applied for workers’ compensation benefits, and an administrative law judge (ALJ) awarded him benefits under a Temporary Total Disability (TTD) rating.

As your workers’ compensation lawyer can explain, a TTD rating is one of several classifications for benefits under a program administered by the Executive Office for Workforce Development for the Commonwealth of Massachusetts.

In Stevens, the parties entered into a settlement in the mid-1990s, whereby the claimant was to be awarded a disability rating of permanent and temporary total disability and found unfit for any type of employment.

Several years later, the claimant moved to Alaska and became a licensed plumber. He could not lift anything, but served as a consultant about plumbing issues. Eventually, he was offered a job as a consultant at a big box home improvement store, where he earned about $25 per hour.

He needed to return to Minnesota to undergo a medical procedure on his shoulders, and, when he was there, he had to meet with an investigator from the workers’ compensation insurance carrier. He disclosed his new job to the investigator. There was never any allegation that he attempted to commit any type of fraud with respect to his disability rating.
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Most employers are required to carry workers’ compensation insurance under the law. Workers’ compensation is a program aimed at being a compromise between the needs of injured workers and employers. The program is designed so that workers with on-the-job injuries can get the financial compensation they deserve fast, while at the same time, protecting the employer from having to pay out large settlements that were not figured in their financial plans.

The workers’ compensation program was designed to cover not only medical bills, but also lost wages for workers who were injured on the job. In exchange for the ability to file a workers’ compensation claim, workers are precluded from filing a separate civil action in most situations. This is the benefit to the employer. In reality, many employers see a mandate to carry workers’ compensation coverage as a great compromise, and a few of them will do whatever they can to keeps costs down.

Our work injury lawyers understand how important it is to get your workers’ compensation benefits as soon as possible. Your family depends on your income and any unnecessary wait can be detrimental.
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Our workplace injury attorneys understand that employers are interested in paying as little as possible for workers’ compensation insurance premiums.

According to a recent article in the Columbus Dispatch, the State of Ohio settled a lawsuit that had been going on for years over allegations that hundreds of thousands of employers were being overcharged for workers’ compensation insurance premiums.

According to reports, the state agreed to create a $420 million fund to pay claims from employers who were overcharged for workers’ compensation premiums between 2009 and 2011. This was slightly less than half of the $860 million that the judge ordered the state to repay. The state initially appealed this order, and the Court of Appeals reduced the amount to $670 million. A settlement was reached, and both sides are reported as being happy with the settlement agreement.

Since this case began, there have been major changes made to the state’s workers’ compensation program, including improvements in accounting methods and additional efforts to reduce work place accidents.
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The New Mexico Supreme Court recently issued a ruling in Fowler v. Vista Care, holding that a worker was not limited in the amount of time during which she could receive compensation for a work-related injury.

Workplace accident lawyers know that while this decision doesn’t impact Massachusetts workers directly, state supreme court decisions are often carefully weighed by other jurisdictions when similar legal questions arise.

According to court records in this case, the worker suffered a back injury while working for her employer in 2003. That same year, she underwent back surgery. She was granted temporary total disability until three years later, when her doctor determined she had reached maximum medical improvement – or a medical improvement plateau for the foreseeable future. At that point, her benefits were terminated.
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Federal law protects workers against retaliation in the event that they report misconduct, dangerous working conditions, or safety violations that can cause serious or fatal injuries. The U.S. Department of Labor has filed a lawsuit against a Massachusetts company that allegedly fired an employee for filing a safety complaint with OSHA (the Occupational Safety and Health Administration). The Department of Labor investigated the allegations after the firing and had enough evidence to pursue a case against the defendant company for retaliation.

Employers are responsible for ensuring the safety and well-being of employees. In addition to following OSHA policies and federal laws, employers cannot take retaliatory action against employees who wage complaints for safety violations. Our Boston workplace injury lawyers are dedicated to protecting the rights and security of workers throughout Massachusetts. We remain abreast of legal issues and developments that may impact workers’ rights.

The owner of the company denies allegations that he was retaliating against the employee and claims that the employee was fired because of poor performance. Complaints against the employee contend he was driving the truck and that he negatively represented the company and badmouthed the owners when he delivered their orders. The owner also alleges that the he had every reason to fire the employee and that the case is a waste of time.
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Filing a workers’ compensation claim in Boston is typically considered the exclusive remedy an employee has in seeking compensation from his or her employer in the event of occupational injury or disease.

However, that doesn’t mean workers are stripped of all other options. In some situations, third-party litigation may be appropriate. If the accident occurred while you were at work, but as a result of negligence from another person or company, an independent lawsuit for damages might be the best course of action to protect you from damages.

A recent example played out before the Alaska Supreme Court in Conley v. Alaska Communications System Holdings, Inc.. The legal principles presented in the claim mirror many of those that arise in Massachusetts work injury lawsuits.
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Severe storms have torn through the Midwest, the South and the Northeast leaving debris and causing injury and death in some parts of the U.S. This storm season, it is important for workers to stay safe during clean-up efforts. As residents are working to rebuild after the storm, the Occupational Safety and Health Administration is urging workers, employers, and the public to be aware of potential post-storm hazards. As the agency reminds us, clean-up efforts should not result in additional emergency room visits or hospital stays.

According to OSHA, recovery efforts can expose workers to a range of hazards, including falls, electrocution, heavy machinery injuries, and even drowning. Our Boston workplace accident attorneys are dedicated to keeping workers safe and to preventing future accidents and injuries. Our firm is committed to raising awareness and teaming with OSHA to prevent additional injuries during post-storm clean-up efforts. For workers, job duties may involve demolition, debris clean-up, tree trimming, roadway and infrastructure repair, hazardous waste clean-up and emergency response. Here are some tips to help workers stay safe:
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Not all debilitating work injuries occur suddenly or are life-threatening. In some cases, injuries that occur over time can be equally devastating.

Work injury lawyers know the fact is, anyone who suffers any work-related condition has the right to collect benefits.

One of the more common repetitive-motion injuries, particularly for those who work desk jobs, is carpal tunnel syndrome. This is a condition that causes numbness,weakness and tingling and loss of use in the hands, usually caused by a pinched nerve in the wrist. It can result in difficulty gripping items, carrying things, moving the fingers or severe pain in the palm and hands. Those who frequently type, use a cash register or slice, press or push objects without enough rest breaks are going to be especially vulnerable.
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Chemical dependency treatment can be covered by workers’ compensation benefits under certain circumstances, the Nebraska Supreme Court recently ruled in Kim v. Gen-X Clothing, Inc..

Workplace injury lawyers recognize that this ruling sets an important precedent, and we hope courts in other jurisdictions will take note as similar cases arise.

While laws regarding workers’ compensation benefits vary from state-to-state, the general underlying principle is that the injury or illness must arise out of the course of employment, or at least have been exacerbated by it.
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