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An employee who claimed both workers’ compensation and unemployment benefits at the same time found himself the subject of sudden stoppage of the former, with a demand to pay back his former employer for a portion of those benefits.
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In Massachusetts, work injury lawyers know it is possible to obtain both types of benefits under certain circumstances, per MLG Part I, Title XXI, Chapter 152, Section 36B. Essentially, only those with partial incapacity can collect both types of benefits, and only then under strict guidelines.

The laws can vary from state-to-state, but the general idea is that these types of benefits serve two very different purposes. Unemployment benefits are awarded when you can’t work, but are actively looking. Workers’ compensation benefits are paid when you have suffered a disabling injury at work. Someone who is totally incapacitated would, by definition, lack the ability to work and therefore couldn’t be actively looking for employment.
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In Massachusetts, as in almost all other states, when a worker is injured during their commute to work, those injuries are not considered eligible for workers’ compensation benefits.
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Boston workers’ compensation lawyers note this “coming-and-going rule” can be applicable even when someone must use their vehicle as part of their job.

And yet, one of the most common claims for benefits stem from work-related auto accidents. Many of these cases are successful. What is key to prove is that the crash occurred in the course of one’s employment. Often, the facts are weighed on a case-by-case basis to determine whether the employee can be compensated for those injuries.
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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.
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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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Summer weather brings many risks for workers. In addition to concerns about heat, summer thunderstorms could also potentially result in workers facing the risk of a lightning strike. To draw attention to the dangers of lightening, the National Weather Service holds Lightning Safety Awareness Week. This year, Lightning Safety Awareness Week ran from June 22 through June 28, 2014. lightning-1427861-m.jpg

Employers and workers both need to be aware of the dangers that lightning can prevent and take steps to avoid exposure to dangerous weather. A worker who is hurt on-the-job by a lightning storm should consult with an experienced workplace injury attorney for help pursuing a claim for compensation.
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Lost wages, medical bills, and pain and suffering are only a few of the negative consequences that can trail a work-related injury. Though workers may be able to recover some of their losses through workers’ compensation benefits, many suffer lasting or permanent injuries that can leave them struggling for life. In addition to the direct costs suffered by every injured worker, companies will also suffer financial losses associated with worker injuries. This should be another incentive to keep every workplace safe and to follow state and federal regulations.

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Companies suffer immediate losses after a worker injury, including direct costs of medical expenses and wages. They must also pay additional costs that can lead to an overall bottom-line loss. Our work injury attorneys are primarily interested in helping workers recover personal and financial losses after a work-related injury. In addition, we are dedicated to raising awareness to improve workplace conditions and to prevent future accidents and injuries. Individuals as well as business owner should be aware of the most expensive risks and the potentially long-term financial detriment of workplace injuries.
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Dollar Tree is under investigation and currently facing OSHA fines nearing $360,000 for egregious worker safety violations. According to the federal Occupational Safety and Health Administration (OSHA) reports, the company was initially investigated after numerous safety complaints. In one location, authorities identified a minimum of four violations that created dangerous working conditions. The severity of these workplace dangers sparked a nationwide investigation.

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OSHA is the agency responsible for ensuring that businesses and corporations are in compliance with federal safety regulations. The agency is also charged with enforcing regulations through routine inspections and investigations, and can impose penalties. In many cases, a business will be inspected after an accident or injury. Fortunately, in this case, no workers were reported harmed prior to the investigation. Our workplace accident lawyers are committed to raising awareness to protect worker rights and safety. We are also staunch advocates for injured workers and their loved ones and will explore every opportunity to collect compensation after an accident.
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With several bridge collapses in recent U.S. history, the government is making investments in repairs and construction projects to improve infrastructure. As local, state, and federal authorities initiate projects to repair these bridges, construction workers must also be properly trained and secured against falls. Contractors and other construction companies must make sure that employees have proper training and equipment to prevent future injuries.

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As the need for bridge repairs continues in Boston and nationwide, construction workers are at risk of significant injuries. Our workplace injury lawyers are experienced in representing individuals who have suffered in a work-related accident. We will take the time to review your case, identify all potential sources of recovery, and pursue maximum benefits and compensation on your behalf. Our legal team understands the significant losses faced by our clients and their loves ones and take necessary steps to seek a timely and effective claim.
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New businesses and small businesses may not be aware of their obligations for worker safety, or may not devote sufficient resources to keeping employees safe. Worker health and safety must be a top priority for anyone hiring employees, whether they are a start-up company or an established business with hundreds of employees. agreement-signing-251732-m.jpg

Victims who are injured on-the-job need to understand their legal rights in pursuing a work injury claim after an accident or illness. A workers’ compensation lawyer should be consulted by those who are injured or by family members who lose loved ones due to workplace accidents.
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The construction industry is the largest creator of summer jobs in the United States. Unfortunately, it is also one of the most dangerous industries nationwide. According to the Occupational Safety and Health Administration (OSHA), 19.3 percent of all worker deaths happened in construction in 2012. ladder-1368615-m.jpg

While many different types of injuries and accidents can happen on a construction site, there are four primary causes of workplace deaths in construction. These include falls, being struck by objects, electrocutions, and being caught in or between objects. As the summer season approaches and construction workers get busy, our construction injury lawyers have some tips for construction workers to reduce the risks of these “fatal four.”
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The restaurant industry is second only to construction in terms of creating summer jobs. As Restaurant News reports, an improving economy means that there will be many more workers hired in eating and drinking places this summer. Nationwide, 2014 is expected to be the second summer on record where at least half-a-million restaurant jobs will be added. pizza-spinaci-series-1352540-m.jpg

Restaurant jobs can be a great source of income for teens and college students who are off from school. The busy summer season can also present an opportunity for people who have been looking for work to get their foot in the door of the restaurant industry. Unfortunately, this field has some risks for workers and it is essential that the millions who get restaurant jobs follow safety tips to avoid getting hurt at work. Our work injury lawyers have some tips to help workers stay safe and get through to the fall with the minimum risk of injury or death-on-the-job.
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Contact Information
Boston Office
1 International Pl Unit 1810
Boston, MA 02110
Phone: (617) 777-7777Fax: (617) 722-9999
Taunton Office
60 Court St
Taunton, MA 02780
By Appointment Only
Quincy Office
308 Victory Rd
Quincy, MA 02171
By Appointment Only

Worcester Office
43 Harvard St
Worcester, MA 01609
By Appointment Only
Disclaimer – The settlements above are only a sample of cases represented by our office. Each case is different and the amount of a potential resolution of your case will vary considerably depending on a substantial amount of factors. Some case results were worked in conjunction with partnering law firms.

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