Articles Tagged with workers’ compensation lawyer

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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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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

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Any type of job that requires a worker to climb a ladder or get on a roof can be a very a dangerous job.  The potential for falling in either of these scenarios is always a concern, and work-related fall injuries can result in long-term disability and even death.

workerThere are many cases each year where workers fall from a significant height and are killed instantly.  On the other hand, some who suffer injuries in a fall will experience an open or even closed head wound and will die hours or days later at hospital.  In many cases, workers who fall from roofs survive but are left with lifelong physical injuries, mental injuries, or both.  In some cases, we have psychological damage, such as post-traumatic stress disorder (PTSD), and in some cases we are dealing with workers who have suffered a traumatic brain injury.  For these workers and their families, life will never be the same. Continue reading