Articles Posted in Workers’ Compensation Benefits

Federal law protects workers against retaliation in the event that they report misconduct, dangerous working conditions, or safety violations that can cause serious or fatal injuries. The U.S. Department of Labor has filed a lawsuit against a Massachusetts company that allegedly fired an employee for filing a safety complaint with OSHA (the Occupational Safety and Health Administration). The Department of Labor investigated the allegations after the firing and had enough evidence to pursue a case against the defendant company for retaliation.

Employers are responsible for ensuring the safety and well-being of employees. In addition to following OSHA policies and federal laws, employers cannot take retaliatory action against employees who wage complaints for safety violations. Our Boston workplace injury lawyers are dedicated to protecting the rights and security of workers throughout Massachusetts. We remain abreast of legal issues and developments that may impact workers’ rights.

The owner of the company denies allegations that he was retaliating against the employee and claims that the employee was fired because of poor performance. Complaints against the employee contend he was driving the truck and that he negatively represented the company and badmouthed the owners when he delivered their orders. The owner also alleges that the he had every reason to fire the employee and that the case is a waste of time.
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Filing a workers’ compensation claim in Boston is typically considered the exclusive remedy an employee has in seeking compensation from his or her employer in the event of occupational injury or disease.

However, that doesn’t mean workers are stripped of all other options. In some situations, third-party litigation may be appropriate. If the accident occurred while you were at work, but as a result of negligence from another person or company, an independent lawsuit for damages might be the best course of action to protect you from damages.

A recent example played out before the Alaska Supreme Court in Conley v. Alaska Communications System Holdings, Inc.. The legal principles presented in the claim mirror many of those that arise in Massachusetts work injury lawsuits.
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Severe storms have torn through the Midwest, the South and the Northeast leaving debris and causing injury and death in some parts of the U.S. This storm season, it is important for workers to stay safe during clean-up efforts. As residents are working to rebuild after the storm, the Occupational Safety and Health Administration is urging workers, employers, and the public to be aware of potential post-storm hazards. As the agency reminds us, clean-up efforts should not result in additional emergency room visits or hospital stays.

According to OSHA, recovery efforts can expose workers to a range of hazards, including falls, electrocution, heavy machinery injuries, and even drowning. Our Boston workplace accident attorneys are dedicated to keeping workers safe and to preventing future accidents and injuries. Our firm is committed to raising awareness and teaming with OSHA to prevent additional injuries during post-storm clean-up efforts. For workers, job duties may involve demolition, debris clean-up, tree trimming, roadway and infrastructure repair, hazardous waste clean-up and emergency response. Here are some tips to help workers stay safe:
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Not all debilitating work injuries occur suddenly or are life-threatening. In some cases, injuries that occur over time can be equally devastating.

Work injury lawyers know the fact is, anyone who suffers any work-related condition has the right to collect benefits.

One of the more common repetitive-motion injuries, particularly for those who work desk jobs, is carpal tunnel syndrome. This is a condition that causes numbness,weakness and tingling and loss of use in the hands, usually caused by a pinched nerve in the wrist. It can result in difficulty gripping items, carrying things, moving the fingers or severe pain in the palm and hands. Those who frequently type, use a cash register or slice, press or push objects without enough rest breaks are going to be especially vulnerable.
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Chemical dependency treatment can be covered by workers’ compensation benefits under certain circumstances, the Nebraska Supreme Court recently ruled in Kim v. Gen-X Clothing, Inc..

Workplace injury lawyers recognize that this ruling sets an important precedent, and we hope courts in other jurisdictions will take note as similar cases arise.

While laws regarding workers’ compensation benefits vary from state-to-state, the general underlying principle is that the injury or illness must arise out of the course of employment, or at least have been exacerbated by it.
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Officials with the Executive Office of Labor and Workforce Development (EOLWD) recently announced that the preliminary statistics from the Bureau of Labor Statistics’ (BLS) indicate the state of Massachusetts was able to add more than 9,000 jobs in the month of October and that the total unemployment rate was roughly 7 percent. .

Since December of last year, employers in the state of Massachusetts have added more than 52,000 jobs in the private sector.

Our workers’ compensation lawyers in Massachusetts understand that there were close to 4,500 fatal occupational injuries to private sector wage and salary workers, government workers, and self-employed workers last year. Because of a lack in funding and as a result of the government shutdown back in October, officials with the BLS had to redo the estimates of these fatal accidents. Recently, officials with the EOLWD had to re-report on the August and September statistics.
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Hearing loss can occur after an accident or over time. Many senior citizens realize that their hearing is not what it used to be and sense that they are not hearing every sound or pitch. For many workers who are exposed to loud noise over the course of their career, new developments in the battle against hearing loss are bringing hope. Researchers are taking a new direction when studying noise-induced hearing loss in hopes to bring some hope and relief to those who suffer hearing loss.

Workers in construction, industry, or bars and other loud environments could be exposed to levels of noise that threaten the loss of hearing. Our Boston workers’ compensation attorneys understand the gravity and impact of hearing loss. We are dedicated to helping workers’ and their families collect compensation and find relief after permanent hearing loss. Our legal team is also abreast of research that may be a step in the right direction for treating and repairing noise-induced hearing loss.
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