Massachusetts Workers Compensation Lawyers Blog

October 29, 2017

Obtaining Workers Compensation in Boston for Tree Workers

Boston and the surrounding areas in New England are known for extremely cold winters with temperatures that fall below zero, but it is the strong winds that often wreak the most havoc on our area. We are regularly dealing with blocked streets and power outages due to downed trees. This causes road hazards, but it can also knock out heat, which can be a deadly problem. While most of us of would rather stay inside during the worst of the winter weather, the many tree workers in Boston must brave the worst conditions. It’s a very dangerous job that can result in serious personal injury of even death. For these workers and their families, a Boston workers’ compensation case is often the only remedy available for financial recovery.

Workers’ Compensation Benefit Types

In a Boston workers’ compensation case, the type of benefits will depend on the extent of the injuries, and the amount of time it will take a worker to recover, or if the injuries are likely to be permanent. Depending on the extent and duration of the injuries, possible benefits in a Boston workers’ compensation are as follows:

Lost wages
- Permanent Partial Impairment
- Permanent Total Impairment
- Temporary Partial Impairment
- Permanent Total Impairment
Past medical expenses
Future medical expenses
Physical therapy expenses
Occupational therapy expenses
Burial expenses in fatal workplace accidents or illness cases
Damages for Specific Injuries

October 21, 2017

Workplace Injuries In Boston and Pre-Existing Conditions

by Jeffrey S. Glassman

When a worker is injured on-the-job in Boston, he or she should immediately report the injury to a supervisor or the employer. And if that worker desires to be compensated for medical bills, the cost of rehabilitation including physical or occupational therapy, and to recover for lost wages due to time away from work, the only course of action in most to cases is to promptly file a workers’ compensation claim.

One issue that often arises is when the claimant has a pre-existing condition aggravated by a work-related injury.

Categories of Workplace Injuries in Boston

There are two main categories of workplace injuries in Boston workers’ compensation cases. One category of workplace injuries involves damage caused by a single traumatic event. For example, if an employee is working in the stockroom of a big box store, there is a good chance someone else will be be moving around with a pallet jack or forklift. If the employee is working in the back and a pallet jack runs over his foot, the heavy metal casters with a heavy pallet sitting on top could easily break a toe or other bones in the foot if the worker is not wearing a steel-toed shoe or boot. This type of accident happens all the time. The United States Department of Labor (DOL) keeps detailed statistics on pallet jack injuries in the U.S., and as we can see from the data, some of these resulted in amputations. Continue reading

October 7, 2017

Boston Construction Accident and Workers’ Compensation

by Jeffrey S. Glassman

When a worker is killed on the job, many do not realize that workers’ compensation is still the appropriate – and maybe only – remedy for surviving family members to obtain compensation for medical expenses, funeral expenses and lost wages. Pursuant to Chapter 152, of the Massachusetts General Laws (M.G.L), all of these types of recovery are available, however there is no possibility to recovery damages for pain and suffering unless there is a third-party defendant. Examples of this would be:

A worker killed in a car accident caused by another negligent driver;
A worker killed in a construction accident wherein the owner of the property (or other party aside from employer) was negligent;
A worker killed in an accident involving a defective product or defective vehicle.

According to a recent news article from the Boston Globe, a man was killed in South Boston when he was on top of a crane. The construction site accident occurred around rush hour in front of crowds of passersby and other construction workers. Continue reading

September 27, 2017

Fall Accidents in Boston Workers’ Compensation Cases

by Jeffrey S. Glassman

According to a recent news report from NBC News, a man was working on constructing prototypes for President Trump’s planned wall between the U.S. and Mexico border. While there is no funding for an actual wall at this time, there was funding already in the budget for border security that is being used to construct a series of prototype walls that are supposed to be helpful in deciding on how to construct the actual border wall should U.S. Congress approve funding.

While this worker was helping to construct one of the prototypes, he lost his footing and fell into a 40 foot deep hole. According to U.S. Customs and Border Protection (CPB), the accident was the workers’ fault because he was allegedly not paying attention and fell into the deep hole. Somehow, the man was not injured in the accident. Other construction workers were able to pull him out using a construction hoist and he was back on his feet in no time. Once the worker was back on his feet and there was no need to stop construction work as nobody was injured. This was one of four prototype walls that are being constructed for feasibility testing. Continue reading

September 17, 2017

Workers’ Compensation in Boston Construction Accidents

by Jeffrey S. Glassman

A construction worker was recently seriously injured when he was hit by a heavy beam while working a job site in New York. Authorities reported the beam was suspended about two stories off the ground by riggers who were working on a the construction of a fairly large building.

The investigation reveals that the beam was being hoisted up when he cables securing came lose and the beam dropped. Investigators believe that one of the critical support cables may have snapped causing the remaining support cables to come lose from the beam.

When it comes to construction accident injuries, workers’ compensation is an issue that should be carefully explored because often, such workers are classified as “independent contractors.” That could mean one wouldn’t be entitled to benefits. However, employee misclassification happens all too often, and shouldn’t be overlooked as a possibility. Further, injured construction site workers may have grounds to assert a third-party liability claim for additional compensation.

September 13, 2017

Amputation Accidents in Boston Workers’ Comp Cases

by Jeffrey S. Glassman

In some of the worst types of on the job accidents, claimants are killed or suffer a severe personal injury. A severe personal injury in a Boston workplace accident can include the amputation or loss of function in a hand, arm, leg, foot, finger, or toe.

In addition to the standard workers’ compensation benefits for lost wages and medical bills, the Massachusetts General Laws (MGL) Section 152, Chapter 36 provides for a single lump sum award for specific injuries. This can include various types of injuries such as loss of limbs or extremities. Continue reading

September 2, 2017

Defining an Employee in Boston Workers’ Comp Cases

by Jeffrey S. Glassman

There is no need to prove any fault on behalf of an employer to collect workers’ compensation in Boston, and it would not matter if there was fault on the part of the employer. The system was set up to be no-fault. All that is necessary is to establish that claimant was injured on the job and claimant was an employee at the time of the workplace accident.

An employee in Boston workers’ compensation cases

In the Massachusetts workers’ compensation act there is a definitions sections as there is with most other chapters in the Massachusetts General Laws (MGL). In Chapter 152, Section 1, we find this definitions section. Pursuant to section 1, an employee is generally defined as a person who is hired under a contract to perform services for another. There are various exceptions such as taxi cab drivers, but for the most part, this issues involves whether injured worker is a contractor or an employee. Continue reading

August 26, 2017

Boston Workers’ Comp and Pre-Existing Conditions

by Jeffrey S. Glassman

In a typical workers’ compensation case in Boston, claimant is working and gets injured. Once claimant is injured, he or she should immediately inform a supervisor of the workplace accident. This is essential because if the supervisor doesn’t report the accident there will be no record of claimant being injured. When claimant applies for workers’ compensation benefits, employer’s workers’ compensation insurance company may deny the claim for not being put on notice.

Pursuant to Chapter 152 of the Massachusetts General Laws, workers’ compensation insurance company has between 15 and 30 days to either pay benefits for lost wages and medical bills or to deny the claim. If a claim is denied, claimant must file an appeal with the Massachusetts Department of Industrial Accidents (DIA). Continue reading

August 12, 2017

Bone Injuries in Boston Workers’ Compensation Cases

by Jeffrey S. Glassman

Bone injuries that occur while on the job can lead to a considerable amount of time out of work, as well as some complex litigation in a Boston workers’ compensation case.

Common types of bone injuries include:

Stable fracture
Open/ compound fracture
Transverse fracture
Oblique fracture
Comminuted fracture

In workers’ compensation cases, the most common causes of bone fractures are trauma and overuse.

The fact that doctors have the ability to make such a precise diagnosis is good news for their patients in terms of eventually healing and getting back to work. However, workers’ compensation insurance companies are often not on the same page.

Independent Medical Exams

In many workers’ compensation cases, claimant will be treated by his or her doctors and then those records are sent to the insurance company. Insurer will review these records and then probably send one of their own doctors from company’s list of preferred physicians. Although this doctor is referred to as an “independent examiner,” he or she is paid by the insurer to review the medical records, and in many cases, perform his or her own quick examination on the claimant. Continue reading

August 7, 2017

Boston Workers’ Compensation – Loss of Function Injuries

by Jeffrey S. Glassman

In most injuries that happen to employees on the job in Boston, the worker will miss some time at work, receive medical treatment and then return to work. However, there are some cases of on-the-job injuries where the claimant suffers a permanent loss of function to a particular body part, organ, or sense.

In some cases, the loss of function will fall under a category known as “Specific Injuries,” as defined in Chapter 152, Section 36 of the Massachusetts General Laws (MGL) , which is the workers’ compensation act for the Commonwealth. Continue reading