A workplace injury can be both devastating and disruptive to a victim’s life. If you’ve been hurt while working, our Massachusetts workers’ compensation attorneys understand how much of a nightmare this situation can be, which is why we will zealously try to get you the workers’ compensation you deserve.
In a recent case, the Massachusetts Court of Appeals dealt with a case in which a live-in care provider was seeking workers’ compensation benefits for injuries that she claims were sustained while working in the home of an elderly woman. The elderly woman’s daughter had made the arrangements for the worker. The worker was given room and board in exchange for providing two hours of daily care to the elderly woman by sitting with her during the day, walking with her if she got up since the elderly woman was thought to be a fall risk, and doing other work such as washing dishes, sweeping and cleaning the bathroom. The worker stated that, in reality, she worked at least five hours a day and even up to 12 hours a day when there was no one else who could sit with the elderly woman.
One day, as the worker was walking down the stairs of the home, she fell and sustained an injury. She was no longer able to work and moved out. The worker then filed a claim with the Workers’ Compensation Trust Fund (WCTF) because the elderly woman did not carry workers’ compensation insurance. Due to a number of issues in the case, the judge determined that the worker was an employee of the elderly woman and her daughter. The judge also determined that the employee’s injury did, in fact, arise out of and was in the course of her employment. As such, the WCTF and the injured worker settled.