Articles Tagged with workers’ compensation attorney

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Workers’ compensation is a benefit afforded to almost all employees in Massachusetts, including those who work primarily for tips. While this work arrangement is common in restaurants and other service industry jobs, it can sometimes complicate the question of benefits owed in the event of a work-related injury. restaurant

This is why it’s so important to have an attorney who is experienced in workers’ compensation law to fight not only for the right to benefits, but also for the full amount of benefits you deserve.

In a recent case before the Kentucky Supreme Court, justices were asked to consider whether the administrative law judge who weighed a plaintiff’s workers’ compensation claim appropriately calculated her average weekly wage. (This figure is important because it determines how much an injured worker receives in benefits. Massachusetts General Law offers up to 60 percent of a worker’s gross average weekly pay – up to the state maximum – for workers who receive temporary total disability.) Continue reading

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The Ohio Supreme Court considered recently a workers’ compensation case involving two types of disability claimed by the same worker. woman

Although this isn’t a Massachusetts case, it’s worth a look from our Boston workers’ compensation lawyers because sister courts often take into account one another’s decisions in considering similar cases, especially those of first impression.

In this matter, claimant, S.R., was receiving permanent total disability payments on the basis solely of a psychological condition in her workers’ compensation case. However, she later applied for permanent partial disability benefits on the basis of physical conditions on the exact same claim. Should this be allowed? Continue reading

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Supervisors are those promoted by companies and entrusted by businesses to ensure things run smoothly and workers are properly trained and safe. But when that does not happen, can those supervisors be held separately accountable?trucksontheroad

According to the recent ruling by the Missouri Supreme Court in Parr v. Breeden, the answer is: No. It all comes down to the trade-off workers made in the so-called “grand bargain” of workers’ compensation. In that deal, made many years ago when workers’ compensation laws were first written, involved workers forfeiting the right to sue employers – even when they were negligent – in exchange for expedient, no-fault benefits when they were hurt or killed on-the-job. But it’s not just the company that is shielded by this “exclusive remedy” provision. It is our co-workers too. Even supervisory co-workers.

In all except the most egregious of circumstances, individual co-workers and even supervisors aren’t going to be found individually liable for injuries suffered by a subordinate at work. It may still be worth exploring in some instances because, particularly on construction sites, who qualifies as a “co-worker” and who is a “supervisor” might not be exactly clear. It could come down to the contract drawn up by the various contractors and subcontractors involved. Continue reading

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A new report by the Occupational Safety & Health Administration (OSHA) reveals that while we know of 10,000 serious work-related injuries every year that result in permanent consequences to the workers and their families. But it also shows us that is probably only half the story.worker3

Under a new requirement that took effect Jan. 1, 2015, companies have to report any work-related amputation, in-patient hospitalization or eye loss to OSHA within 24 hours. They must also report fatalities to the agency within 8 hours.

Now that it’s been more than one year since this new rule was implemented, OSHA offices tallied nearly 10,400 “severe” work-related injuries in all of 2015. That is the first full year of federal data under the new reporting requirement. This figure included nearly 2,650 amputations and more than 7,640 hospitalizations. But officials say even this is a serious under-count. By how much?

“We think the actual number is twice as high,” said Assistant Secretary of Labor David Michaels in an interview with The Washington PostContinue reading