Massachusetts Workers Compensation Lawyers Blog

November 3, 2016

Hilton v. Flakeboard America Limited: Maximum Medical Improvement in Workers’ Comp.

In Hilton v. Flakeboard America Limited, a case from the Supreme Court of South Carolina, an individual was injured when he was bitten by a spider or insect while on the job. There was no issue in this case as to whether the injury and related illness was compensable under the relevant workers’ compensation status, as it was clearly was, and there was no issue that the injured worker was an employee within the meaning of the statute.

In this case, the issue dealt with the concept of maximum medical improvement (MMI). When someone is injured on the job, and the injury is treatable, they should be given as much treatment as is reasonably necessary to improve the injured workers’ condition. In some cases, this means treatment until the worker is fully recovered, while, in other cases, the worker will never make a full recovery. Continue reading

October 30, 2016

Vasquez v. American Cas. Co. of Reading: Car Accidents While at Work

by Jeffrey S. Glassman

Typically, workers’ compensation is known as an exclusive remedy. This means that if a worker is injured on the job or suffers from a work related illness, he or she must file a workers’ compensation claim if he or she is to be compensated for any loss suffered as a result of the workplace injury or work-related illness.

This means that if you were injured on the job or suffered a work-related illness, you cannot also file a civil personal injury lawsuit, as workers’ compensation is your exclusive remedy. However, there are two exceptions to this, but they are limited exceptions. The first exception, which is rarely applicable, is if your employer engages in conduct that is so extreme and outrageous that justice provides for a means for an injured employee to sue his or her employer. However, in this case, the employer must not only be at fault, but must have really acted with a complete disregard to the safety of its workers. Continue reading

October 26, 2016

Hudspeth Regional Center v. Mitchell: Workers’ Compensation Appeals

by Jeffrey S. Glassman

In Hudspeth Regional Center v. Mitchell, a workers’ compensation case from the Supreme Court of Mississippi, claimant was injured when she fell at work. At the time of her accident, claimant had been working as a registered nurse supervisor for her employer.

On the day of her injury, claimant suffered a serious fall and injured her back. She was taken to the emergency room following the fall and was later treated by various doctors and medical professionals as part of her prescribed treatment plan. After six weeks of recovery, claimant went back to work in the same position as she held prior to the workplace accident. Continue reading

October 23, 2016

Two Construction Workers Killed in Boston Flood Accident

by Jeffrey S. Glassman

According to a recent news article from the Boston Globe, two construction workers were killed when a water line ruptured. These workers were inside a trench cut into the street in Boston’s South End when the water line burst causing the trench to quickly fill with water.

One witness who was walking by at the time said it was a sudden very powerful rush of water that filled the narrow trench in just a few second’s time. There were other workers who realized what happened and yelled that there were two men down in the hole at the time of flash flooding of the trench. This trench was around 15 feet in depth at its deepest point. Continue reading

October 19, 2016

Hand Pain and Carpal Tunnel Syndrome in Workers’ Compensation Cases

by Jeffrey S. Glassman

Millions of Americans are currently suffering from carpal tunnel syndrome (CTS), and many of these people have never even gone to get an official diagnosis and have never mentioned anything to their respective employers. Instead, they choose to suffer on their own and will even go so far as to try home remedies or get braces and other types of supportive wraps from a local drug store and continue to suffer at work each day.

However, the pain from carpal tunnel syndrome does not go away at night for many patients. In fact, the pain can get worse throughout the day and keep patients up at night, and this will make the next day at work even worse than the previous one. Before we discuss what you should do if you have carpal tunnel syndrome, the first thing to do is to take a look at the symptoms and causes of CTS. Continue reading

October 16, 2016

Deli Employees Shot and Killed in NYC

by Jeffrey S. Glassman

When we think of the typical workers’ compensation case, if there is such a thing, we tend to think of an injury caused by some type of accident while on the job. In some cases, we are talking to about an illness caused by chemical exposure or some other type of hazardous material including asbestos, but sometimes a worker is injured or even killed by the intentional act of another person or employee. If this happens, the worker or his or her family can still file a workers’ compensation case in many instances, and that may be the only remedy available.

According to a recent article form NBC News, a deli worker in Queens, New York was shot and killed while working during an attempted robbery that went horribly wrong. Authorities have said the robbery occurred at approximately 4:30 a.m. at the deli in the Jamaica neighborhood. Two gunmen are alleged to have come into the store through the rear entrance. Continue reading

October 12, 2016

Massachusetts Workers’ Comp Agency Asked to Increase Speed of Claims Process

by Jeffrey S. Glassman

According to a recent news article from the Boston Globe, the Massachusetts workers’ compensation agency in downtown Boston is being urged to increase the speed at which it is handling the numerous claims from injured workers that come into their office on a regular basis.

Recently, there was a hearing to discuss the problem, and there were around 24 injured workers trying to file claims, get a status on their worker’s compensation claims, and get information in general about the process that is causing them considerable problems and taking way too much time, according to many. One such worker said he was working for a fruit packer in Chelsea, just across the Mystic River from Boston when he was injured by a pallet jack. He told his boss that he need to go to the doctor because his back was injured and he was allegedly fired. Continue reading

October 10, 2016

Report: Workers Injured in Diesel Tank Explosion

by Jeffrey S. Glassman

According to a recent news report from the Press of Atlantic City, two workers were injured after a diesel tank exploded at a local high school. Fortunately, there were no students or staff injured in the explosion, but one of these two workers was seriously injured.

Authorities have said the employee was working for a company that performs environmental engineering services. This worker was using a power saw to cut into an old diesel tank when, without warning, the tank burst into flames. Witnesses say the flames shot as high as 30 feet into the sky. When the tank ignited, this worker was thrown back about five feet from the tank and landed on the ground. Continue reading

October 7, 2016

Filing a Civil Lawsuit in Worker Injury Cases in Boston

by Jeffrey S. Glassman

In the Massachusetts, the workers’ compensation system is a no-fault system. This means it is not necessary to prove any negligence or fault in connection with a workplace injury or work related illness. This system is designed to benefit both the employer and the employee.

The way in which it benefits the employee is that there is no need to prove fault. This means that if a worker was actually an employee within the statutory requirements, and the employer was injured at work or suffered from a work-related illness, he or she should be entitled to workers’ compensation benefits. It doesn’t matter if the employer or even another employee was negligently responsible for the accident. Continue reading

October 4, 2016

Court Strikes Down Workers’ Compensation Opt Out Law

by Jeffrey S. Glassman

In what many are calling an attack on American workers, some of the nation’s leading big box retailers are leading and effort to make it legal across the country for employers to opt out of the workers’ compensation system. Instead of being part of the traditional workers’ compensation system, these companies want to be able to decide for themselves what treatment, if any, their inured workers will receive, because they believe this plan will save them a lot of money.

The problem for workers is that the way they will save money is by choosing to deny their workers’ valid claims for medical treatment and benefits. According to a recent news feature from NPR, the Oklahoma Supreme Court ruled that the version of this law in their state was unconstitutional. Continue reading