Massachusetts Workers Compensation Lawyers Blog

Our work injury lawyers understand that preexisting conditions that are exacerbated by an on-the-job injury may require additional litigation.

State Accident Fund v. SC Second Injury Fund, an appeal argued in the South Carolina Supreme Court, involved a police officer who injured his knee while on the job. The claimant was treating his knee with non-surgical options, including injections of corticosteroids. He reached his maximum medical improvement (MMI) and was given a permanent disability rating of approximately 30 percent.

An MMI means that doctors have done everything feasible to treat an injury, and the cost of any additional treatment will outweigh any potential benefit. In the Commonwealth of Massachusetts, the Department of Industrial Accidents has created a guide for injured employees that explains this and other terms used.
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Harris v. Millennium Hotel involved a worker who was shot and killed while working at a hotel in Alaska. The employer did not deny that the death occurred in the course of the worker’s employment, but when her spouse filed a claim for workers’ compensation death benefits, the employer denied the claim on grounds that they never received any proof that the deceased worker was legally married to the claimant.

As our workplace injury attorneys can explain, when a worker dies on the job, his or her surviving spouse may be eligible to receive workers’ compensation death benefits. This may also have an effect on your ability to file a civil negligence lawsuit.

In Harris, the claimant filed a notice that she was filing a challenge to the constitutionality of the state workers’ compensation statute on grounds that it was discriminatory against same sex couples who were not allowed to marry under state law.

The claimant submitted evidence to show that the couple had lived to together for many years and lived in every way as married couple, including becoming financially interdependent. The workers’ compensation board affirmed the denial of her right to death benefits, due to fact that they were not legally married, and could not have been legally married under state law. The board had no authority to rule on the constitutionality of the statute and chose not to do so.
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Stevens v. S.T. Servs., an appeal from the Minnesota Supreme Court, involved a claimant who began working at liquid storage facility in the late 1970s. In the mid-1980s, the claimant injured both shoulders and the year after his injury, his employer terminated his services.

For the next seven years after his termination, surgeons performed multiple operations on the claimant’s shoulders. During that period, the claimant applied for workers’ compensation benefits, and an administrative law judge (ALJ) awarded him benefits under a Temporary Total Disability (TTD) rating.

As your workers’ compensation lawyer can explain, a TTD rating is one of several classifications for benefits under a program administered by the Executive Office for Workforce Development for the Commonwealth of Massachusetts.

In Stevens, the parties entered into a settlement in the mid-1990s, whereby the claimant was to be awarded a disability rating of permanent and temporary total disability and found unfit for any type of employment.

Several years later, the claimant moved to Alaska and became a licensed plumber. He could not lift anything, but served as a consultant about plumbing issues. Eventually, he was offered a job as a consultant at a big box home improvement store, where he earned about $25 per hour.

He needed to return to Minnesota to undergo a medical procedure on his shoulders, and, when he was there, he had to meet with an investigator from the workers’ compensation insurance carrier. He disclosed his new job to the investigator. There was never any allegation that he attempted to commit any type of fraud with respect to his disability rating.
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Most employers are required to carry workers’ compensation insurance under the law. Workers’ compensation is a program aimed at being a compromise between the needs of injured workers and employers. The program is designed so that workers with on-the-job injuries can get the financial compensation they deserve fast, while at the same time, protecting the employer from having to pay out large settlements that were not figured in their financial plans.

The workers’ compensation program was designed to cover not only medical bills, but also lost wages for workers who were injured on the job. In exchange for the ability to file a workers’ compensation claim, workers are precluded from filing a separate civil action in most situations. This is the benefit to the employer. In reality, many employers see a mandate to carry workers’ compensation coverage as a great compromise, and a few of them will do whatever they can to keeps costs down.

Our work injury lawyers understand how important it is to get your workers’ compensation benefits as soon as possible. Your family depends on your income and any unnecessary wait can be detrimental.
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Our workplace injury attorneys understand that employers are interested in paying as little as possible for workers’ compensation insurance premiums.

According to a recent article in the Columbus Dispatch, the State of Ohio settled a lawsuit that had been going on for years over allegations that hundreds of thousands of employers were being overcharged for workers’ compensation insurance premiums.

According to reports, the state agreed to create a $420 million fund to pay claims from employers who were overcharged for workers’ compensation premiums between 2009 and 2011. This was slightly less than half of the $860 million that the judge ordered the state to repay. The state initially appealed this order, and the Court of Appeals reduced the amount to $670 million. A settlement was reached, and both sides are reported as being happy with the settlement agreement.

Since this case began, there have been major changes made to the state’s workers’ compensation program, including improvements in accounting methods and additional efforts to reduce work place accidents.
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