Articles Posted in Workers’ Compensation

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.

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Most people work hard to earn a living, which is why on-the-job injuries can be so devastating. Not only can these injuries affect your ability to work, they can leave you with chronic pain and ongoing medical bills. At The Law Offices of Barry Feinstein & Affiliates, P.C., our Massachusetts workers’ compensation attorneys are committed to protecting the rights of injured workers every step of the way.

In one case, the top court in Massachusetts ruled that the effective date of retirement is six months prior to the filing of an accident disability application, altering the Public Employee Retirement Administration Commission’s (“PERAC”) well-established practice of going by the date on which a worker last received regular compensation for employment, which PERAC understood to encompass supplemental pay.

The facts of the case are as follows. A male worker was injured while working at a construction services company in June of 2010. Just like any other worker in the state who suffers a work-related injury, the worker was entitled to workers’ compensation benefits. As such, he began collecting benefits on the day that he was hurt and he also collected supplemental pay, which included two hours per week of sick or vacation pay.

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Workplace injuries are not only physically painful; they can also be extremely stressful to deal with. If you have sustained an injury at the workplace, you could be able to recover workers’ compensation benefits. These claims are complicated, which is why it is vital to have a skilled Massachusetts workers’ compensation attorney on your side. At The Law Offices of Barry Feinstein & Affiliates, P.C., we are devoted to resolving your claims in an effective and efficient manner.

A worker was killed and two others were injured in a construction accident in Cambridge last month. An initial investigation indicates that a crew was working on a lower floor of a building at an MIT construction site on Vassar Street when material collapsed overhead. Three employees were taken to a local hospital, where one of them, a 41-year-old male, was later pronounced dead. The medical examiner will determine the cause of death, which does not appear to be suspicious. According to law enforcement, the other two employees suffered injuries that are not thought to be life threatening. The case remains under investigation.

Employees who are hurt or suffer work-related illness during the course of employment may be entitled to workers’ compensation benefits in Massachusetts. For the injury or illness to be covered, it must have taken place within the course and scope of employment. The benefits an injured worker can obtain under Massachusetts workers’ compensation laws range from full coverage for all medical costs pertaining to the worker’s injuries to part of the worker’s lost wages to financial assistance for disability benefits. The exact benefits an injured worker will be entitled to will depend on the specifics of the case.

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When you have been injured because of a dangerous condition in the workplace, it can be hard to know what to what to do next, but rest assured that we are here to help. At The Law Offices of Barry Feinstein & Affiliates, P.C., our reputable Massachusetts personal injury attorneys are committed to getting clients the full and fair compensation they deserve. We keep track of evolving case law so we can build the strongest possible case for you.. You can take comfort in knowing that we will make sure your rights are preserved and that you receive the personalized and detail-oriented representation you deserve.

The Case

In Stearns v. Metropolitan Life Insurance Co., the Massachusetts Supreme Judicial Court (SJC) recently published a ruling regarding whether a plaintiff could file an asbestos claim after the time period outlined in the statute in cases concerning diseases with lengthy periods of latency.

The facts of the case are as follows: The plaintiff filed a wrongful death lawsuit on behalf of the decedent, a man who was employed as a pipe inspector for General Electric (GE) in the 1970s during a project constructing two nuclear power plants. About four decades later, the man died in 2016 of mesothelioma as a result of being exposed to asbestos on the project.

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If you have been injured at your workplace, you may be entitled to compensation for your harm. At The Law Offices of Barry Feinstein & Affiliates, P.C., our seasoned Massachusetts workers’ compensation attorneys are committed to helping every injured client understand their rights under the workers’ compensation system. We understand how daunting a workplace injury can be, which is why want you to focus on your recovery while we focus on getting you the benefits you rightfully deserve.

The Findings on Teen Workers in Massachusetts

According to a recent report released by the Massachusetts Department of Public Health, approximately half of the teenage workers in the state who were hurt at their workplace from 2011 to 2015 indicated that they did not receive health and safety training from their employers. The report analyzed 156 interviews with teenagers who sustained injuries during that five-year timeframe. About 49 percent stated that they did not go through work-related health and safety training and half believe the injury suffered could have been prevented. Data from the Centers for Disease Control and Prevention shows that the nonfatal injury rate for teenagers is almost double to that of workers who are at least 25 years of age.

Massachusetts Workers’ Compensation Law

The Massachusetts workers’ compensation statute is designed to ensure that workers who have been unable to work for five days or more due to a work-related injury or illness receive the appropriate medical treatment and wage benefits for their harm. In order to be covered by the workers’ compensation program, the injury or illness must have occurred within the course and scope of employment. In other words, the injury or illness must have happened ‘on the job.’

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We all depend on our jobs to support ourselves and our families, which is why a Massachusetts workplace accident can have such a devastating physical, emotional and financial effect on a person’s life. If you have been injured or your family member has been killed in a workplace accident, you may be entitled to workers’ compensation benefits. The team at The Law Offices of Barry Feinstein and Affiliates P.C. thoroughly understands Massachusetts’ labor laws and can help you get the results you rightfully deserve.

A construction worker died last month in an elementary school as he was working on a septic tank after he was fatally hit by a crane. The incident took place at Willard Elementary School where emergency crews pronounced the 55-year-old man dead at the scene of the accident. The Occupational Safety and Health Administration (OSHA) has launched an investigation into the matter but a preliminary investigation shows that the accident was caused by some sort of apparent mechanical failure. The man’s identity has not been released to the public.

Massachusetts Workers’ Compensation

Workers who are injured or become ill as a result of an accident at work may be eligible for workers’ compensation benefits under Massachusetts law. The type of benefits an injured employee will be entitled to will depend heavily on the extent of the injuries sustained, but workers may receive benefits such as compensation for reasonable and necessary medical care; payment for lost wages; compensation for permanent loss of bodily function or disfigurement and vocational training. Workers’ compensation is a no-fault system, which means that the injured employee may be entitled to benefits regardless of who was to blame for the workplace accident.

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Dealing with a work-related injury can be incredibly daunting. If you have been hurt on-the-job, you need to reach out to an experienced Massachusetts workers’ compensation attorney who understands how to protect the rights of workers. With over two decades of combined experience, we are committed to asserting your rights to receiving the benefits you deserve, including medical care. We are here to answer your questions and address your concerns every step of the way.

Injuries Covered by Massachusetts Workers’ Compensation

Workers who are injured or become ill as a result of an accident or incident within the course and scope of employment may be entitled to workers’ compensation benefits. For example, if a delivery worker gets into an auto accident and sustains injuries while on the way to drop off a package, that worker may be entitled to workers’ compensation benefits, including medical benefits to treat his or her injuries.

Medical Benefits: What’s Covered?

The Massachusetts Workers’ Compensation Act provides benefits for the payment of medical costs incurred as a result of a work-related injury or illness. The insurance pays for any tests, procedures and prescription drugs that are “reasonable and necessary” and “causally related” to the work injury. This obligation continues as long as treatment is necessary and may even extend over the course of the worker’s life. Medical benefits may include the following:

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If you have lost a family member in a fatal workplace accident, you need to reach out to an experienced Massachusetts workers’ compensation attorney who can help. At The Law Offices of Barry Feinstein & Affiliates P.C. , we can aggressively advocate for your rights to make sure you get the compensation you deserve. With years of experience, we understand how to navigate these cases in a compassionate yet vigorous manner.

Given the nature of their work, workers in the construction industry are inevitably more susceptible to injuries or death as compared to other types of workers like office workers. The Occupational Safety and Health Administration (OSHA) found that one-fifth of workplace deaths across the country in 2015 were in the construction industry. Dubbed the “fatal four,” the four leading causes of death within the construction industry are falls, being struck by objects, electrocutions, and being caught/in-between equipment, objects, or collapsing structures.

OSHA has set forth a number of safety regulations for employers to follow in order to minimize the risk of injury for their employees. Unfortunately, many employers fail to adhere to these regulations, creating unsafe work environments that lead to serious injuries and even death.

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With the surge of online shopping and ride-sharing services, there are more cars than ever on the roadways and highways. If you or someone close to you was injured in an on-the-job delivery vehicle accident, you may be entitled to workers’ compensation. At The Law Offices of Barry Feinstein & Affiliates P.C., our skilled Massachusetts workers’ compensation attorneys can analyze the facts of your case and determine your legal rights and options. With over 25 years of experience, we understand how to protect the interests of our clients in these complex claims.

According to the Bureau of Labor Statistics, approximately 1.4 million people work as delivery truck drivers throughout the country. Different types of trucks may be used to make deliveries, such as box trucks, large vans, flatbed trucks, pick up trucks, and customized trucks. Common causes of delivery vehicle accidents that end up injuring delivery drivers include but are not limited to:

• Excessive speeding;