Articles Tagged with workplace

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.

work injuryFor any worker who’s been hurt on the job, workers’ compensation benefits can serve as an essential aid, allowing them to meet their financial obligations while they are unable to work. This can be especially vital for manual laborers with limited academic backgrounds, as they may lack the skills to take on many types of jobs that involve lighter-duty work, meaning that they may take longer to get back on the job after an injury. Whether you are a manual laborer or not, getting the workers’ compensation benefits you need often comes down to how effective you are in demonstrating your disability and your wages. To be sure you get the benefits you need, reach out to an experienced Massachusetts workers’ compensation attorney about your case.

K.A. was an example of this type of manual laborer. He did not have a college degree or a high school diploma, and he had “reading comprehension issues.” The worker had no computer skills. He had worked in manual labor fields from the age of 18 until he suffered his workplace injury in his mid 50s. At that time, K.A. injured his back while shoveling gravel on the job. The accident happened in the completion of a public construction job.

In a case like this, there are essential calculations that must be made. Typically, calculating a worker’s average weekly wages involves taking the worker’s total gross wages (including overtime and bonuses) from the previous 12 months, then dividing that number by 52. That figure is then multipled by the appropriate percentage figure depending upon the type of disability the worker suffered.

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.)

Legal News GavelWhen you are hurt at work, just as if you are hurt in an auto accident or in a slip and fall, it is important to take prompt action. In general, the law gives you a limited period of time in which to pursue a claim for workers’ compensation benefits. In order to make sure that you are doing everything possible to protect your rights, it pays to retain knowledgeable Massachusetts workers’ compensation counsel, who can make sure that your case is handled properly and in a timely manner.

An example of how limitations periods in workers’ compensation cases can work was the case of an injured Massachusetts Bay Transit Authority employee. Michael suffered an injury at work on July 8, 2004. That injury resulted in his undergoing shoulder surgery that October. In May 2008, Michael filed a claim for workers’ compensation benefits. Unfortunately for Michael, he injured that same shoulder a second time at work. Ten months after the second injury, in July 2013, the worker filed another claim, with this one seeking benefits related to the 2012 injury.

Eventually, the judge issued an award of benefits to Michael in 2014. In 2015, he filed another workers’ compensation claim, seeking additional benefits relating to each of the 2004 and 2012 injuries. The judge dismissed Michael’s 2015 filing, ruling that he filed it too late. The judge wrote that the law requires “claims for compensation to be filed within four years from the date” the worker became aware of his workplace injury, and Michael filed his 2015 case more than seven years after he became aware of his injury. This meant that the statute of limitations had expired, and Michael wasn’t allowed to pursue a claim for any more benefits, according to the judge.