Massachusetts Workers Compensation Lawyers Blog

August 2, 2017

Lump Sum Benefits in Boston Workers’ Compensation Cases

In Baker v. Workers Compensation Appeals Board, a case from the California Court of Appeal, claimant was initially injured while working as a construction laborer. While this case deals with a lump sum payment of benefits and his disability rating, this would be a good time to discuss a major issue that often comes up in cases in Boston in which construction workers are injured.

Employee v. Independent Contractor

In order to collect workers’ compensation benefits, you must be an employee, and you must have suffered an on-the-job injury or suffered from a work-related illness. However, as we have said in various other posts on this Boston workers’ compensation blog, while you can get workers’ compensation for an illness that is due to your occupation, the vast majority of workers’ compensation cases involve accidents that occur on the job. This is not to say that there are never any workers’ compensation benefits paid for work-related illness. Continue reading

July 20, 2017

Permanent and Total Incapacity in Boston Disability Claims

by Jeffrey S. Glassman

When you are injured on the job in Boston, if you wish to be compensated for your time, you cannot work, and, to pay for your past and future medical bills, you will need to file a workers’ compensation claim with your employer.

There is a process established in Chapter 152 of the Massachusetts General Laws (MGL), which makes up the Workers’ Compensation Act (WCA). Pursuant to the various sections of Chapter 152 of the MGL, you must first report the injury to your employer and make sure it generates an accident report. If you are in need of medical attention or missing work as a result of the workplace accident, or both, you must file a workers’ compensation claim with your employer. Continue reading

July 7, 2017

Preexisting Conditions in Boston Workers’ Compensation Cases

by Jeffrey S. Glassman

Electrical General Corp. v LaBonte

In a recent case from the Maryland Court of Appeals, which is the state supreme court for that jurisdiction, a claimant was originally injured while he was at work for his employer. The accident occurred when he caught a ladder that was falling. He caught the ladder to prevent it from injuring him or his co-workers and pushed it back up against a wall to keep if from falling.

This ladder was 40 feet in length and weighed over 300 pounds. For this reason, when he saw it falling and was about to land on people, he did what he could to prevent that, but we are talking about a considerable amount of weight at very awkward angle. When he managed to stop the ladder from falling, he testified that he could feel a shift in his back, which then turned in to considerable and constant back pain. He switched to a light duty position at the company, and then, when things did not get better, he had surgery on his back. Continue reading

June 30, 2017

A Look at the Conciliation Process in a Boston Workers’ Comp Case

by Jeffrey S. Glassman

When you are injured on the job in the Greater Boston area, you will likely have to turn to workers’ compensation, as it is the exclusive remedy for the clear majority of workplace injury cases.

Workers’ Compensation is An Exclusive Remedy

When a worker is an employee within the meaning of the Workers’ Compensation Act (WCA), which generally means they are not an independent contractor, and he or she is injured on the job in Boston, that worker is generally prohibited from filing a personal injury lawsuit. The reason for this because employers around the country began to lobby to their respective state representatives that there should be a system to protect workers who were injured. Continue reading

June 18, 2017

Carpal Tunnel Syndrome and Workers’ Compensation in Boston

by Jeffrey S. Glassman

Carpal tunnel syndrome (CTS) is a common on-the-job injury in Boston and the surrounding area. Anyone who is diagnosed with carpal tunnel syndrome due to their job should file workers’ compensation benefits, but the problem is many workers do not. There are a variety of reasons for this, but the main reason is that many people see carpal tunnel syndrome as something you just live with, but this is not the way it should be.

The Department of Labor and Workforce Development for Massachusetts and the Department of Industrial Accidents (DIA) oversees workers’ compensation in Boston. If there is a dispute, it will be settled using the provisions of the Massachusetts Workers’ Compensation Act (WCA). Pursuant the WCA (Part I, Title XXI, Chapter 154 Massachusetts General Laws) an injury is defined as including both a physical injury and a disease or illness that is a result of the worker’s employment. This can include carpal tunnel syndrome. Continue reading

June 6, 2017

Workers’ Compensation Death Benefits Help Families of Fatal Job Accidents

by Jeffrey S. Glassman

Fatal on-the-job injuries are a tragic reality for far too many families in Massachusetts. When this happens, workers’ compensation may be the most appropriate remedy, at least initially. Third party liability may still be explored, but workers’ compensation provides prompt, no-fault payment for medical bills, a portion of lost wages and funeral expenses.

According to a recent news story from Fox 5, a worker was killed when he fell into a collapsed cesspool. This 59-year-old victim was working a job in which was installing a new septic system, when the existing cesspool vault completely collapsed causing a massive hole in the ground.

Witnesses say that it appeared as if the man was swallowed by the earth in a split second. There was another worker who also fell into the newly formed massive crater, but he was able to climb out. There was no way to see victim, as he was covered in dirt and they knew he would not survive long due to the weight of the dirt and the possible lack of oxygen. Continue reading

June 2, 2017

Permanent Total Disability Ratings in Workers’ Comp Cases

by Jeffrey S. Glassman

In a recent case form the Iowa Supreme Court, a worker who was injured on the job was seeking a permanent total disability (PTD) rating. He was also seeking what is known as a partial computation of benefits via a lump sum benefits award.

In this case, worker was injured while on the job and this resulted in permanent paralysis. His employer, through its workers’ compensation insurance company, argued that claimant was not entitled to a PTD status and also refused to pay lump sum benefits. At this point, plaintiff filed a workers’ compensation lawsuit, as he alleged employer acted in bad faith when denying the claims, and, under state laws, this allowed him to seek compensatory plus punitive damages. The jury returned a verdict in favor of plaintiff, complete with punitive damages. However, on appeal, the court reversed, holding that punitive damages were not appropriate. Continue reading

May 30, 2017

Workers’ Compensation in Boston Involving Electrical Burns

by Jeffrey S. Glassman

Electrical burns can cause serious injury, and may result in substantial time off work. If it happens on-the-job, you may be entitled to compensation.

The Echo Park Patch reported recently two workers were seriously injured while working in an electrical vault. An electrical vault is an underground room or chamber, typically made of metal or concrete, that provides access to subterranean electrical conduits. They are in major cities that have underground utilities that are used by workers who need to access the grid. There are also vaults for access to gas and water or sewage pipes in most major cities. While they are supposed to be safe, there are many workplace accidents that occur in these utility vaults.

This particular accident occurred when the workers came in contact with electrical equipment that was charged with current, according to authorities. The current discharged from the equipment into the two workers and caused them to suffer a critical personal injury. Others on the scene immediately called for help and could get them out of the vault. However, they had to be extremely careful, as there was still the possibility of an electrical discharge. This incident caused a partial blackout in the neighborhood surrounding the site of the on-the-job accident. Continue reading

May 26, 2017

Defining “Employee” In a Workers’ Compensation Case

by Jeffrey S. Glassman

What does it mean to be an “employee” for the purposes of obtaining workers’ compensation?

A recent case from the Nebraska Supreme Court deals with the issue of defining what it means to be an employee for the purposes of obtaining workers’ compensation. In that case, putative employer was the owner and sole proprietor of a company. He normally works alone, according to court records, and performs carpentry services.

His carpentry work is normally done in the capacity of a subcontractor, meaning a general contractor hires him to do work on a building project. His son is also a sole proprietor of his own company and does work on roofing and guttering on construction projects. Continue reading

May 22, 2017

Teens Face Work Injury Risks at Summer Jobs

by Jeffrey S. Glassman

Many teens who are off of work for the summer will find jobs in industries like fast food, retail, grocery or landscaping. Young workers gain valuable experience by taking summer jobs, but unfortunately they lack training and knowledge about safe work environments when they first enter the workforce.

There is a significant risk of teens getting hurt while performing summer jobs. If a young person is injured while performing work tasks, the teen should talk with a Boston work injury lawyer about how to obtain coverage for medical bills and other losses the injury has caused to occur.

Teenagers at Risk of Getting Hurt On-the-Job During the Summer