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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.

Boston Workers' CompHis 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

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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. injury lawyer

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

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When the weather gets warm and the plants start to grow, Boston and surrounding areas become more beautiful than ever. Unfortunately, as trees grow larger, they can sometimes become dangerous. They may overhang public spaces, encroach on power lines, or otherwise grow in troubling ways. Many trees need to be cut in order to no longer present a risk to the public and to property. Workers perform tree trimming services during the summer and, unfortunately, this is a high-risk profession with a significant chance of workplace injuries. tree-1547504-225x300

If a tree trimmer gets hurt while performing work duties, that tree trimmer can pursue a work injury claim with help from a Boston workers’ compensation lawyer. Workers’ compensation benefits should pay for medical care costs and should provide disability income if the tree trimmer’s injuries prevent him from being able to work or cause him to experience a reduction in pay because his ability to do his job is limited by his injuries. Continue reading

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Construction sites in Boston are among the most perilous workplaces in the state. Workers must constantly be on-the-lookout for a wide range of hazards. Unfortunately, sometimes even the most cautious workers are injured and need of workers’ compensation benefits.

According to a recent news report from the Miami Herald, worker was seriously injured while on a construction job due to falling glass. Authorities have said worker, who is 50-years-old, was working on a construction project at hotel on Biscayne Blvd. when the accident occurred.

work accidents Boston The injuries resulted from large sheets of glass falling on him.  The weight of the glass and the velocity the sheets achieved were enough to crush the worker’s leg.   Co-workers immediately called 911, and, when first responders arrived on the scene, they found him in severely critical condition.  They did what they could to stabilize the patient and control the bleeding before rushing him to a local level-one trauma center for further treatment.  It was not immediately known how or why the glass fell on worker’s leg. Continue reading

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Summer means plenty of outdoor work for employees across a wide variety of industries, from construction to law enforcement and beyond. For the many employees who work outdoors, summer not only brings an uptick in work but also an increased risk of suffering heat stroke or other heat-related illnesses an injuries. workers' compensation

The hot sun is not something to be taken lightly, and both employers and employees need to understand just how high-risk heatstroke and related health issues can be. Workers could suffer permanent impairment or be killed because of too much exposure to hear. Continue reading

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Workplaces are rife with all sorts of hazards that could result in a worker being forced to seek medical treatment, and perhaps lose wages for the inability to work. These dangers vary depending on the the type of industry and role of the worker.

For example, workers employed by big box retailer tasked with placing merchandise on a high shelf module, or “gondola” as they are called in the retail industry, could be at risk for being struck by heavy items falling. This could result in serious head injury, or perhaps a broken foot. Such an incident would likely result in workers’ compensation benefits.

handHowever, it is important to keep in mind that these benefits are not only for workplace injuries, but also work-related illnesses.  There are many examples of work related illnesses.  In some cases, such as with workers at a hair or nail salon, the constant exposure to toxic chemicals can result in skin conditions and respiratory disease.

Although workplace illness is no less compensable than workplace injury, proving a claim may require more legal legwork.
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According to a recent news article from CBS News, a worker was killed on Capitol Hill in Washington, D.C. died in what investigators are calling a freak accident.  The worker was a pipefitter employed in the Maintenance Division of the Capitol Grounds.  He had been working in this capacity for many years.

TreeAuthorities say the fatal workplace accident occurred a few minutes after 9 a.m. when a massive branch fell off an American oak tree.  Victim was working on some irrigation pipes near the tree when the branch snapped off and landed on him.  As there is no shortage of police on the Capitol grounds, it did not take long for first responders to arrive. Continue reading

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According to a recent news article from KFDM News, the father of an employee of a packaging plant has filed a wrongful death action after his son died while on the job.  This worker and two of his colleagues were killed during an explosion at the packaging plant that occurred in February.

weldingThis workplace accident that resulted in the death of three workers and several other workers being injured is still under investigation.  As is the case with any fatal workplace accident, the U.S. Occupational Safety and Health Administration (OSHA), with the help of local personnel and law enforcement agencies, is conducting the investigation. Continue reading

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A recent article from Huffington Post features a commentary from a labor union president arguing that safety violations resulting in the death of workers should be punishable by prison time instead of mere fines, as if often the case. Every 12 days, a member of his union or one of their coworkers is killed in a workplace accident. This, he says, has been the status quo for a long time.

truckThe deaths he is talking about are not only preventable, but quite horrific.  He discusses how workers are crushed by heavy equipment, drowned in vats of toxic chemicals or even burned to death.  After these deaths occur, they will happen again and again to other workers, and this is what he is trying to stop. Continue reading

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Workplace injuries can occur at any type of employment.  While there are clearly some jobs that are more dangerous than others, such as the ones like working on a commercial fishing boat, or driving a truck on icy mountain roads, accidents also happen in routine settings.  For example, repetitive stress injuries (RSI) such as carpal tunnel syndrome (CTS) are often associated with factory jobs that involve performing the same movements over and over again for hours on end with only a few short breaks.

water tankHowever, these factory jobs are not the kind of occupations that often result in basis for reality shows on the Discovery Channel or the History Channel. One type of facility that does end up on TV a lot is a prison or jail, and the camera crews follow inmates and corrections officers around through the day.  Obviously, for anyone working at a detention center or prison, the job can be very dangerous and can result in a serious or fatal workplace injury. Continue reading

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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