Massachusetts Workers Compensation Lawyers Blog
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 exception in these cases is rare. The only other option for additional compensation – and it will depend on the circumstances of the case – is third-party litigation.
Third party litigation stemming from a work-injury can be pursued if another person or entity aside from the employer and/or its agents played a significant role in causing the worker’s injuries. There are several differences between workers’ compensation benefits and third-party litigation, the most obvious being one needn’t prove negligence in workers’ compensation cases, while the burden of proof requires such a finding in third-party litigation. Another difference is that while workers’ compensation tends to be awarded faster, it’s also often markedly less than one might receive in a successful personal injury lawsuit. That’s why those severely injured may find it worthwhile to pursue such a claim, even if it takes some time to wind its way through the system.
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One resident interviewed couldn’t believe what happened as she had just spoken with decedent prior to the tragic work-related fall accident. Another resident said they were headed to the lobby to leave the building and saw chaos as the building was filled with police and rescue workers and the elevator shaft was locked open.
The stage was located outside of University of Phoenix Stadium, and was being built to host the NFL Tailgate Party. The victim was a rigger, which is an employee hired to move large object high above street level.
First it is important to understand what it is like for someone who suffers from carpal tunnel syndrome. A CTS victim, whether an office worker, retail employee, or trade worker, spends most of their day trying to ignore the tingling and numbness in their hands and wrist. This can become extremely painful and made worse by repetitive movements a worker is required to make throughout the workday.
In 2012, she filed a claim before the workers’ compensation commission requesting insurance company be found liable for claimant’s medical expenses. The following year, insurance company agreed to liability and entered into a settlement agreement to pay for medical expenses.
Prior to becoming ill, claimant had accrued around 6,000 hours of paid sick leave. His employer paid out his sick leave prior to retirement in the amount of approximately $40,000. This sick leave payout was roughly equivalent to his annual salary. He used the balance of his sick leave, as permitted, to earn another year of employment credit with respect to his retirement plan.
In 2003, claimant returned to the school system, and his second day back on the job, two students he refused to let into the classroom due their disruptive behavior assaulted him. His specific claim was that one student injured his shoulder when he pushed claimant into the doorframe to get past him. He also alleged one student continued to the threaten him and told claimant “[he] was going to put a put a cap in his ass.” The other students repeatedly mocked claimant for the remainder of the day, making teaching virtually impossible. Claimant never returned to teach at the school.
While driving, claimant was struck from behind by a shovel bucket of another huge piece of mining equipment. According to court records, the shovel bucket was large enough to hold an automobile. It hit the rack of the dump truck located behind the operator’s cab. Claimant testified the force from the impact caused his entire body to go numb and to nearly knock him unconscious. He was not sure where he was or what he was doing following the collision and was taken to the emergency room.