Massachusetts Workers Compensation Lawyers Blog
Holiday Peak-Season Hazards For Temp Workers
The holiday season is when Massachusetts warehouses, fulfillment centers, and retail back rooms run at full throttle. Conveyor lines speed up, forklifts weave through narrow aisles, floors get slick as snow melts off boots, and new hires race to keep up with experienced crews. If you were injured as a seasonal or temp worker, you may wonder whether you are covered and what to do next. The answer is that most seasonal employees are covered from day one, and the steps you take immediately after an injury can stabilize both your health and your claim.
What Workers’ Comp Covers And Why Fault Does Not Matter
Workers’ compensation provides medical care and wage replacement for job-related injuries regardless of fault. That means you do not have to prove your employer did something wrong to receive benefits. Report the incident to your supervisor as soon as it happens; delays create room for insurers to argue the injury occurred elsewhere or is not as serious as your medical records later show. Ask where the company wants you seen initially, and follow up with treatment recommendations and restrictions. Keep copies of your schedules and pay stubs, including any overtime or shift differentials. Those records help establish your average weekly wage, which determines how much you receive in temporary total or partial disability benefits if you cannot work.
Two Common December Hurdles: Misclassification And Aww
Seasonal work introduces two complications that we address every December. First, some insurers try to re-label injured workers as independent contractors to avoid coverage. Massachusetts law looks at the reality of the relationship, not just what a contract says. If the company controlled your hours, assigned your tasks, and integrated your work into its business, you are likely an employee entitled to comp. Second, wage calculations for short-term jobs can be messy. If you just started before the injury, we pull your offer details, scheduled hours, and any prior assignments through the staffing agency to support a fair average weekly wage. An artificially low number can cost you hundreds of dollars a week during recovery, so we focus here early in the process.
When A Third Party Is Also At Fault
Many holiday-season injuries also present third-party claims. If a delivery driver from another company struck you on the loading dock, if a vendor’s pallet jack failed, or if a piece of equipment was defective, you may have a negligence case against that third party in addition to your comp benefits. That kind of claim is the only way to recover for pain and suffering. We coordinate both tracks so your treatment remains authorized under comp. At the same time, we pursue damages from the at-fault party and protect any lien the comp insurer asserts on your recovery. This coordination prevents gaps in care and maximizes your net result.
Simple Steps That Strengthen Your Case
Your own actions can strengthen the case from day one. Could you photograph the scene before it is cleaned or rearranged? Spills, broken pallets, a mis-leveled dock plate, or poor lighting are common culprits, and all are easy to fix after the fact. If there were witnesses, get names and contact details. If your job site uses incident-report forms, request a copy after you complete it. Keep a simple diary of symptoms, missed shifts, and tasks you can no longer perform at home while you heal. When an insurer later suggests you were ready to return earlier than your doctor allowed, those notes rebut the argument with day-by-day reality.
If The Insurer Denies Or Delays Your Claim
If your claim is denied or delayed, the Department of Industrial Accidents has a formal process to resolve disputes. At Jeffrey Glassman Injury Lawyers, we represent clients through conciliation, conference, and hearing, and we help prepare for the impartial medical examination that often occurs along the way. Do not be discouraged by an initial denial; it is common during the holiday crush when adjusters are handling unprecedented volume. What matters is assembling medical support and job-duty descriptions that explain why your injury prevents you from performing essential tasks safely. When you are ready to talk, call us at (617) 777-7777 or use our secure online contact form for a free consultation. We will explain your rights in plain English and get you moving in the right direction.