Massachusetts Workers Compensation Lawyers Blog

June 6, 2017

Workers’ Compensation Death Benefits Help Families of Fatal Job Accidents

Fatal on-the-job injuries are a tragic reality for far too many families in Massachusetts. When this happens, workers’ compensation may be the most appropriate remedy, at least initially. Third party liability may still be explored, but workers’ compensation provides prompt, no-fault payment for medical bills, a portion of lost wages and funeral expenses.

According to a recent news story from Fox 5, a worker was killed when he fell into a collapsed cesspool. This 59-year-old victim was working a job in which was installing a new septic system, when the existing cesspool vault completely collapsed causing a massive hole in the ground.

Witnesses say that it appeared as if the man was swallowed by the earth in a split second. There was another worker who also fell into the newly formed massive crater, but he was able to climb out. There was no way to see victim, as he was covered in dirt and they knew he would not survive long due to the weight of the dirt and the possible lack of oxygen. Continue reading

June 2, 2017

Permanent Total Disability Ratings in Workers’ Comp Cases

by Jeffrey S. Glassman

In a recent case form the Iowa Supreme Court, a worker who was injured on the job was seeking a permanent total disability (PTD) rating. He was also seeking what is known as a partial computation of benefits via a lump sum benefits award.

In this case, worker was injured while on the job and this resulted in permanent paralysis. His employer, through its workers’ compensation insurance company, argued that claimant was not entitled to a PTD status and also refused to pay lump sum benefits. At this point, plaintiff filed a workers’ compensation lawsuit, as he alleged employer acted in bad faith when denying the claims, and, under state laws, this allowed him to seek compensatory plus punitive damages. The jury returned a verdict in favor of plaintiff, complete with punitive damages. However, on appeal, the court reversed, holding that punitive damages were not appropriate. Continue reading

May 30, 2017

Workers’ Compensation in Boston Involving Electrical Burns

by Jeffrey S. Glassman

Electrical burns can cause serious injury, and may result in substantial time off work. If it happens on-the-job, you may be entitled to compensation.

The Echo Park Patch reported recently two workers were seriously injured while working in an electrical vault. An electrical vault is an underground room or chamber, typically made of metal or concrete, that provides access to subterranean electrical conduits. They are in major cities that have underground utilities that are used by workers who need to access the grid. There are also vaults for access to gas and water or sewage pipes in most major cities. While they are supposed to be safe, there are many workplace accidents that occur in these utility vaults.

This particular accident occurred when the workers came in contact with electrical equipment that was charged with current, according to authorities. The current discharged from the equipment into the two workers and caused them to suffer a critical personal injury. Others on the scene immediately called for help and could get them out of the vault. However, they had to be extremely careful, as there was still the possibility of an electrical discharge. This incident caused a partial blackout in the neighborhood surrounding the site of the on-the-job accident. Continue reading

May 26, 2017

Defining “Employee” In a Workers’ Compensation Case

by Jeffrey S. Glassman

What does it mean to be an “employee” for the purposes of obtaining workers’ compensation?

A recent case from the Nebraska Supreme Court deals with the issue of defining what it means to be an employee for the purposes of obtaining workers’ compensation. In that case, putative employer was the owner and sole proprietor of a company. He normally works alone, according to court records, and performs carpentry services.

His carpentry work is normally done in the capacity of a subcontractor, meaning a general contractor hires him to do work on a building project. His son is also a sole proprietor of his own company and does work on roofing and guttering on construction projects. Continue reading

May 22, 2017

Teens Face Work Injury Risks at Summer Jobs

by Jeffrey S. Glassman

Many teens who are off of work for the summer will find jobs in industries like fast food, retail, grocery or landscaping. Young workers gain valuable experience by taking summer jobs, but unfortunately they lack training and knowledge about safe work environments when they first enter the workforce.

There is a significant risk of teens getting hurt while performing summer jobs. If a young person is injured while performing work tasks, the teen should talk with a Boston work injury lawyer about how to obtain coverage for medical bills and other losses the injury has caused to occur.

Teenagers at Risk of Getting Hurt On-the-Job During the Summer

May 18, 2017

Tree-Trimming Injuries Endanger Boston Workers

by Jeffrey S. Glassman

When the weather gets warm and the plants start to grow, Boston and surrounding areas become more beautiful than ever. Unfortunately, as trees grow larger, they can sometimes become dangerous. They may overhang public spaces, encroach on power lines, or otherwise grow in troubling ways. Many trees need to be cut in order to no longer present a risk to the public and to property. Workers perform tree trimming services during the summer and, unfortunately, this is a high-risk profession with a significant chance of workplace injuries.

If a tree trimmer gets hurt while performing work duties, that tree trimmer can pursue a work injury claim with help from a Boston workers’ compensation lawyer. Workers’ compensation benefits should pay for medical care costs and should provide disability income if the tree trimmer’s injuries prevent him from being able to work or cause him to experience a reduction in pay because his ability to do his job is limited by his injuries. Continue reading

May 14, 2017

Report: Worker’s Leg Crushed by Glass

by Jeffrey S. Glassman

Construction sites in Boston are among the most perilous workplaces in the state. Workers must constantly be on-the-lookout for a wide range of hazards. Unfortunately, sometimes even the most cautious workers are injured and need of workers’ compensation benefits.

According to a recent news report from the Miami Herald, worker was seriously injured while on a construction job due to falling glass. Authorities have said worker, who is 50-years-old, was working on a construction project at hotel on Biscayne Blvd. when the accident occurred.

The injuries resulted from large sheets of glass falling on him. The weight of the glass and the velocity the sheets achieved were enough to crush the worker’s leg. Co-workers immediately called 911, and, when first responders arrived on the scene, they found him in severely critical condition. They did what they could to stabilize the patient and control the bleeding before rushing him to a local level-one trauma center for further treatment. It was not immediately known how or why the glass fell on worker’s leg. Continue reading

May 12, 2017

Heat-Related Injuries a Risk for Boston Workers During the Summer Months

by Jeffrey S. Glassman

Summer means plenty of outdoor work for employees across a wide variety of industries, from construction to law enforcement and beyond. For the many employees who work outdoors, summer not only brings an uptick in work but also an increased risk of suffering heat stroke or other heat-related illnesses an injuries.

The hot sun is not something to be taken lightly, and both employers and employees need to understand just how high-risk heatstroke and related health issues can be. Workers could suffer permanent impairment or be killed because of too much exposure to hear. Continue reading

May 8, 2017

Carpal Tunnel Syndrome and Workers’ Compensation

by Jeffrey S. Glassman

Workplaces are rife with all sorts of hazards that could result in a worker being forced to seek medical treatment, and perhaps lose wages for the inability to work. These dangers vary depending on the the type of industry and role of the worker.

For example, workers employed by big box retailer tasked with placing merchandise on a high shelf module, or “gondola” as they are called in the retail industry, could be at risk for being struck by heavy items falling. This could result in serious head injury, or perhaps a broken foot. Such an incident would likely result in workers’ compensation benefits.

However, it is important to keep in mind that these benefits are not only for workplace injuries, but also work-related illnesses. There are many examples of work related illnesses. In some cases, such as with workers at a hair or nail salon, the constant exposure to toxic chemicals can result in skin conditions and respiratory disease.

Although workplace illness is no less compensable than workplace injury, proving a claim may require more legal legwork.
Continue reading

May 4, 2017

Worker on Capitol Hill Killed by Tree Branch

by Jeffrey S. Glassman

According to a recent news article from CBS News, a worker was killed on Capitol Hill in Washington, D.C. died in what investigators are calling a freak accident. The worker was a pipefitter employed in the Maintenance Division of the Capitol Grounds. He had been working in this capacity for many years.

Authorities say the fatal workplace accident occurred a few minutes after 9 a.m. when a massive branch fell off an American oak tree. Victim was working on some irrigation pipes near the tree when the branch snapped off and landed on him. As there is no shortage of police on the Capitol grounds, it did not take long for first responders to arrive. Continue reading