Articles Tagged with benefits

workers compAchieving a successful result in your initial workers’ compensation benefits hearing is very important. If you succeed and your employer appeals, there are limited ways the employer can win. An appeal that essentially asks the Reviewing Board to reweigh the evidence very likely won’t succeed. The workers’ compensation judge is the trier of fact and has the authority to make decisions regarding witnesses’ credibility and the weight that various pieces of evidence should receive. As long as there was a reasonable basis for what the judge decided, your award of benefits will generally be upheld. Before you take on the workers’ compensation process, be sure you have representation from a skilled Massachusetts workers’ compensation attorney.

C.D. was a worker who was able to achieve that successful result in his hearing. C.D. drove, loaded and unloaded a truck for his employer. One day, at the end of his shift, the driver fell out of his truck, hitting his elbows, shoulder and head. C.D. later filed a claim for workers’ compensation benefits. A hearing was held and, at that hearing, both the driver and a doctor gave credible testimony that the injuries resulting from the accident had left the driver temporarily totally disabled. The judge ruled in favor of the driver and ordered that he receive what’s known as “Section 34” benefits, which means temporary total disability benefits.

The doctor who gave the testimony was an independent medical provider who examined C.D. under the auspices of Section 11A(2) of the workers’ compensation law. In any workers’ compensation case, one of the most important things you’ll have to prove is causation. If you have a history of medical problems prior to your workplace accident, your employer (or employer’s insurer) may try to argue that your injuries are actually tied to those pre-existing conditions, not your workplace accident. Success, then, may be closely tied to having very credible and persuasive testimony that proves this connection with regard to causation.

wrist injuryWhen you find yourself in need of workers’ compensation benefits, it is important to be sure you make your best possible presentation and arguments at your hearing. It is generally much easier to defeat an employer’s appeal of your successful workers’ compensation hearing (and award of benefits) than it is to mount a successful appeal of your unsuccessful workers’ compensation hearing (and denial of benefits). When it comes to making that strong presentation, be sure you have the skill and knowledge of an experienced Massachusetts workers’ compensation attorney on your side.

As an example of this, take the case of N.F. N.F. was a woman with an eighth-grade education who had spent much of her working life in industrial jobs. For nearly two decades, she worked at a facility that made plastic buckets and lids. The work was strenuous, repetitive and it required near-constant use of the employee’s fingers and hands. After 19 years at this job, the work began taking its toll. At age 53, N.F. began experiencing pain and numbness in her hands and fingers. She had surgery and attempted to return to work, but had to leave again due to throbbing pain and numbness.

At that point, the woman filed a claim for workers’ compensation benefits. There are various types of workers’ compensation benefits you can obtain. There are disability benefits, which can be permanent or temporary. A workplace injury that leaves you unable to work at all for a period of time, but will allow for a return at a future date, may entitle you to temporary total disability benefits, which is written into the law in Section 34 of the Workers’ Compensation statute.

workers compEach workplace accident that ends in death is tragic as it cuts a life short far too soon. It is also traumatic for the loved ones left behind. In addition to emotional damage, workers who die as a result of industrial accidents can potentially cause major financial crises for their immediate loved ones, as they may be significant (or even sole) income earners for their families. In Massachusetts, the families of workers killed on the job have certain legal avenues available to them. One of these is seeking workers’ compensation death benefits. To make sure that you obtain the compensation your family needs to survive financially, talk to an experienced Massachusetts workers’ compensation attorney.

July 2018 was an unfortunately bad month for fatal industrial accidents in Massachusetts. In one instance, a 26-year-old died after entering a large industrial cutting machine that was under maintenance at a facility in Sharon. At some point, the man became stuck inside the machine’s workings. EMTs took roughly 90 minutes to free the man and rush him to the hospital. Although the worker was conscious and talking to the EMTs when they arrived, he died at the hospital from his injuries. Roughly a week later, a worker at a Concord hospital died from injuries sustained at his workplace. The 46-year-old man was working on the hospital’s boiler system when he entered its crawl space. He left behind a wife and two children.

Surviving spouses, children and other dependents of workers killed in a workplace accident (or who die as a result of complications from that accident) can obtain workers’ compensation survivor benefits. (Children are only eligible for benefits if they are under 18, are full-time students or cannot work due to their disabilities.)

A famous book once advised, “Don’t sweat the small stuff.” While that advice may work well in many areas, the law is not one of those areas. In legal matters, including workers’ compensation cases, small details can make big differences in outcomes. To make sure you have all of your bases covered in your workers’ compensation case, both great and small, be sure you have representation from a skilled Massachusetts workers’ compensation attorney.Legal News Gavel

C.P.’s workers’ compensation case was one example in which the details mattered a lot. C.P. was an assistant manager of a supermarket meat department in 2013 when, while pulling a box of chicken at work, he injured his back. The manager filed a claim for workers’ compensation benefits. The employer fought the manager’s request for benefits, but the workers’ compensation judge ordered the employer to pay temporary total disability benefits of $1,040 per week, starting on Dec. 2, 2013.

In the spring of 2016, the employee filed a request for permanent total disability benefits. The judge, however, only awarded the employer partial disability benefits. At the hearing, the judge had heard from a doctor who diagnosed C.P. with a protruding disc and, while concluding that the employee could not perform his old meat cutter duties, found that he could do light-duty work as long as it involved no prolonged standing or walking, and no lifting of more than 10 pounds.

Legal News GavelThe Massachusetts Supreme Judicial Court recently issued an important new ruling regarding who qualifies as an employee and who is an independent contractor when it comes to workers’ compensation benefits. While court did not adopt the rule for which the injured worker advocated and the ruling ultimately was an unsuccessful outcome for this particular worker, that does not mean that you should give up and fail to pursue your case for benefits, even if your employer asserts that you are an independent contractor. Each case is different and the factors that Massachusetts uses may yield a more favorable result for your case. Be sure never to assume and, instead, talk to an experienced Massachusetts workers’ compensation attorney.

The worker in the case was a woman who delivered papers. She fell on a ramp while working and hurt her right knee and hand. A few months later, she fell on ice and injured her right leg. The injuries eventually caused the worker to undergo two surgeries, one on her knee and one on her hand.

The woman brought a claim for workers’ compensation benefits. The employer asserted that the woman was an independent contractor and, as a result, not eligible for benefits. The woman, in opposition to that argument, contended that the definition of an “employee” contained in the independent contractor statute established that she was an employee.

Legal News GavelThere are many different types of wrinkles one may encounter in an effort to obtain compensation for the harm you suffered in an auto accident. On the surface, your case might seem straightforward: prove that the person you sued was, in fact, at fault, prove that the accident injured you, and prove that those injuries caused you to suffer damages. Seems simple, right? But what happens when the person who hit you has all his assets held by an irrevocable trust? Questions like these are a reminder of the importance of retaining experienced Massachusetts injury counsel, so that you are prepared for whatever twists, turns and surprises your case may throw at you.

Recently, such a “twists and turns” case was the Massachusetts lawsuit brought by S.C. The backstory underlying S.C.’s injury accident dated back several years. In 2001, B.M. was injured in an auto accident. He suffered a severe traumatic brain injury. In 2007, an irrevocable “spendthrift” trust was established for the benefit of B.M. The trust held more than $4.1 million in assets, including $3.5 million in stocks and bonds, a house in Plymouth worth $538,000 and $120,000 of other assets.

Fast forward to 2014, and B.M. and S.C. were involved in a head-on collision. Allegedly, B.M. was traveling 76 mph in a 35 zone, crossed the center line to pass and slammed head-on into S.C.

medical researchThere can many traps awaiting the unwary claimant in a workers’ compensation case. Your employer, or its insurer, likely will be armed with knowledgeable attorneys who are well-versed both in the facts of the case and the law. They may recite Latin words and phrases you don’t know, or legal terms with which you are unfamiliar. To make sure you avoid those traps, make certain you are as well-equipped as your opponent by retaining the services of an experienced Massachusetts workers’ compensation attorney.

If you have pursued both a civil lawsuit and a claim for workers’ compensation benefits, the former has the potential to impact the latter. An example of this was the case of L.Y., who worked as a clinical researcher at a biotechnology company, testing new medications. According to the researcher, his supervisor engaged improper methodology on some tests, which the researcher refused to follow. After the supervisor’s results were discarded, the researcher was allegedly reduced to “meaningless” work, ridiculed by co-workers and eventually fired. All of this, according to L.Y., caused him to suffer a psychological injury.

The researcher did not seek psychiatric care for nearly three years. His doctor diagnosed him as having experienced a “severe, single episode depression.” An impartial physician who examined L.Y. concluded that the researcher had schizoaffective disorder that, while not caused by the negative events at work, had been made worse by them. The independent doctor concluded that L.Y. was totally disabled and that “significantly improved functional capacity is unlikely.”

It’s five o’ clock on a Friday and you’re heading home after an exhausting week of work. You’re practically on auto-pilot with the thought of the impending weekend being the only fuel guiding you home, and then BAM-it happens. You find yourself in a car accident. Everyone understands when you get behind the wheel you run the risk of finding yourself in a surprise collision, yet we never think about the odds of it actually happening to us, and even worse we don’t know the steps to take to protect ourselves in the event of an automobile accident adapted from the Massachusetts DMV site.

Car Accidet

EMS Clearing A Car Accident

  1. First and foremost, you must never leave the scene of an accident. It seems obvious and trite, but flight is a guttural reaction to stimuli. You must remain as calm and reposed as you can, given the circumstance. Find a safe place to pull over your car, staying as reasonably close to the vehicle, or property you collided with without obstructing traffic. Be aware of your surroundings and any other potential dangers, such as fire, or a downed electrical wire.

Legal News GavelSometimes, the key to achieving a truly full success in your workers’ compensation case is not succeeding in the initial hearing but overcoming your employer’s (or your employer’s insurer’s) efforts to terminate your benefits. Getting the full benefit of your workers’ compensation means not just being prepared to win your benefits hearing but also preparing for a hearing regarding the reduction or elimination of your benefits. For all of these processes, it is helpful to rely on experienced Massachusetts workers’ compensation counsel who is well-versed in every type of hearing and process.

One worker who fought successfully to maintain his benefits in a recent ruling was Robert, a vending machine route delivery driver for many years. The driver’s job involved a great deal of heavy physical labor, including transporting boxes of coins that could weigh as much as 100 pounds. One day in the spring of 2015, Robert became injured when he fell down five steps at work.

Robert filed a claim for workers’ compensation benefits. The judge in his case concluded that his injuries were very serious, including a fractured and dislocated elbow, along with a wrist injury. Robert was awarded temporary total disability benefits. Less than a year later, the insurer made an effort to reduce or eliminate the benefits. The basis for the insurance company’s effort was an examining physician’s opinion that Robert could perform light duty work with lifting restrictions.

It is very common to discover (especially after a recent auto accident or similar surprise trauma) alternative health treatment services such as visits to a chiropractor or acupuncture treatments are not covered by your average health insurance policy. According to health insurance expert Louise Norris, a contributor to Healthinsurance.org and Medicareresources.org chiropractic visits and services are commonly excluded from many health insurance policies. “In the under-65 market, individual health insurance is not specifically required to cover massage therapy, acupuncture, or chiropractic care,” says Norris in an article at the Huffington Post addressing the things insurance companies do not cover.

chiropractor, alternative treatment, pip, injury, personal,

Seeking alternative treatment with a chiropractor

This lapse in coverage might be deemed inessential to most; however, after experiencing trauma from an automobile accident or similar event, one may find themselves in dire need of such treatments. One such person in need of chiropractic treatments, resulting from a car accident, became a patient at Dupilka Family Chiropractic.