Articles Tagged with workers’ compensation benefits

When workers suffer from mental disorders or psychiatric injuries as a result of a job-related issue or incident, they may be entitled to workers’ compensation benefits. These benefits may include coverage of medical bills for therapy and medication. It could also cover a portion of lost wages if the condition leaves you unable to work. However, these claims are often treated with a high dose of skepticism by employers, insurers, doctors and even courts. workers' compensation

Seasoned Massachusetts work injury lawyers understand how crucial it is to have extensive knowledge of statutory and case law as well as how to assert our clients’ rights vigorously throughout the claims process.

Determining whether mental disorders or psychiatric injuries are work-related can be a tedious process and requires extensive documentation and medical assessment. Mental disorders and psychiatric injuries can be the result of job-related:

  • Stress
  • Bullying
  • Violence
  • Injury

In each of these scenarios, the condition may be compensable under Massachusetts workers’ compensation laws.  Continue reading

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

It’s well-known that employees can be compensated for injuries they sustain the course of employment – and that includes medical expenses. However, what if you are injured in the course of receiving treatment for that work injury? Let’s say it is a case of medical malpractice. Should it be your employer that picks up the tab? shoulder

The Wyoming Supreme Court recently took on a case like this, and decided: Yes, but it didn’t apply here. It’s called the second compensable injury rule, and it applies when an initial compensable injury results in an injury or condition that requires additional compensation. Under this rule, a subsequent injury is compensable if it is causally related to the initial work injury that was compensable.

This relates to the general common law theory in Massachusetts under which a tortfeasor liable for the foreseeable consequences of their actions that are caused by subsequent tortfeasors. In layman’s terms, that means the person/ company that caused the original injury can be held responsible for medical malpractice – even if though those injuries weren’t directly a result of the original injury.  Continue reading

A man shot repeatedly while sitting in a vehicle outside the convenience store where he worked. Now, the state high court in Pennsylvania has ruled that he is indeed eligible to receive workers’ compensation benefits for those injuries. gun

Judges with the Commonwealth Court ruled the injuries were indeed work-related, noting he was shot shortly after he was threatened by the relatives of a woman he just had arrested for stealing. The state court ruling upheld the finding of a workers’ compensation judge and the Workers’ Compensation Appeal Board. His employer had appealed to the top court in an attempt to try to deny payment for the incident, which happened in May 2008. A big part of the reason the store fought so hard against payment was likely because, as records show, the company didn’t have the required workers’ compensation coverage at the time of the incident. That meant payment for the injury was on the state’s uninsured employer guaranty fund.

The case, although out-of-state, highlights how we define covered injuries in the context of work-related violence. The Occupational Safety and Health Administration considers workplace violence to be any act or threat of physical violence, intimidation, harassment or other threatening disruptive behavior that happens at work. Approximately 2 million workers in America are victims of this every year. However, not all have an easy time securing workers’ compensation benefits.  Continue reading

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

Recently, federal administrators issued a long-awaited rule that is intended to reduce workers’ exposure to respirable crystalline silica. Codified in 29 CFR, sections 1910, 1915 and 1926, the new regulations go into effect his year and are intended to drastically slash the amount of silica dust to which companies may expose workers. Additionally, a number of preventative measures will become mandatory. miningtruckdust

The goal of the final rule is to slash the risk of lung cancer, silicosis, chronic obstructive pulmonary disease and kidney disease – all a risk to U.S. workers who are exposed to silica.

The construction industry has pushed back on these efforts for years – most recently with a study from the Construction Industry Safety Coalition (CISC) opining compliance with the Occupational Safety & Health Administration (OSHA)’s final rule would cost the U.S. construction industry approximately $5 billion a year – almost $4.5 billion more annually than OSHA estimated. However, this change was a long time coming, according to work safety advocates. That’s because silica dust has been known for more than 80 years to be deadly.

U.S. Labor Secretary Thomas Perez did not mince words: “This rule will save lives.”  Continue reading

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