Articles Tagged with Boston work accident lawyer

Published on:

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.

workers' compensation lawyer

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

Published on:

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.

stethascopeIn 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

Published on:

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

Boston workers' CompensationIn 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

Published on:

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.

Workers' Comp BostonThis 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

Published on:

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.

Boston Work Accident 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

Published on:

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

Published on:

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.
Continue reading

Published on:

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

Published on:

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

Published on:

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