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Over the past month or so, the Boston Globe has been investigating the conditions under which many immigrants are forced to work.  The paper published an exposé on this issue the previous week and is now looking at some of the myths commonly believed by these immigrant workers that allow employers to take advantage of them. Some of these myths deal with the issues pertaining to workers’ compensation.

construction siteOne of these myths is that when a worker takes a job, he or she is assuming the risk that they will be injured on the job, and if that worker does not have adequate health insurance, that loss will fall on them, as their employer is not responsible to cover them for any medical expenses or lost wages. In fact, this could not be farther from the truth. Continue reading

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In Mordhorst v. Dakota Truck Underwriters, a 22-year-old claimant was working for a furniture company doing deliveries.  One day while on the job, he was delivering a sofa that weighed nearly 300 pounds.  While delivering this couch, it fell off the back of the delivery truck and landed on claimant’s head and shoulders.  He was knocked to the ground and was rendered unconscious for a short period of time.

sofaThe day after this workplace accident, claimant went to get medical treatment for his injuries. He was eventually seen by two physicians and treated by a number of physical therapists.  He claimed an injured back and neck.  He was given an MRI, and that test showed he had a herniated disc in his spine.  His doctors also observed that his posture was forward in such a way as to indicate he was trying to compensate the pain in his neck and back.  This type of compensation will often result in additional damage to the patient because he is constantly carrying himself in an unnatural manner. Continue reading

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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.

workIn 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

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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.

just-a-forklift-1439915This 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

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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.

stethascopeOn 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

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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.

broken-water-main-1535002One 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

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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.

wrist-pain-3-1411523However, 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

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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.

gunshot-300x225According 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

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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.

worker3Recently, 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

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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.

welding-1387182-mAuthorities 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

Contact Information
Boston Office
1 International Pl Unit 1810
Boston, MA 02110
Phone: (617) 777-7777Fax: (617) 722-9999
Taunton Office
60 Court St
Taunton, MA 02780
By Appointment Only
Quincy Office
308 Victory Rd
Quincy, MA 02171
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Worcester Office
43 Harvard St
Worcester, MA 01609
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Disclaimer – The settlements above are only a sample of cases represented by our office. Each case is different and the amount of a potential resolution of your case will vary considerably depending on a substantial amount of factors. Some case results were worked in conjunction with partnering law firms.

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