Workers’ Compensation insurers must follow certain procedures in order to lawfully terminate or reduce Massachusetts workers’ compensation benefits. The procedure for modification or termination varies greatly depending on how long the insurance company has been paying benefits. THE FIRST 180 DAYS AFTER YOUR DISABILITY BEGINS If the insurer has began to…
All Massachusetts weekly workers’ compensation benefits are based off of the average weekly wage of the injured worker. How Is Average Weekly Wage Figured? The calculation of average weekly wage is always based upon the employee’s gross earnings. If the employee has worked a full year prior to the injury,…
There are many factors that determine the Lump Sum settlement value of a Massachusetts’ workers’ compensation claim. Some Massachusetts’ workers compensation claims may have no settlement value at all, while some may have a settlement value of several hundred thousand dollars (or more). While it is important to stress that…
Injured workers in Massachusetts who are eligible for Massachusetts’ workers’ compensation benefits may be required by the insurance company and/or their employer to submit to an examination by a registered physician. This requirement is pursuant to Massachusetts General Laws, Chapter 152, Section 45. The workers’ compensation insurer and/or the employer…
On May 7, 2012 Sylbert Stewart fell from the edge of a dipping tank into a pool of chemicals, while cleaning the top of ventilation ducts in the course of his employment at the Belmont metal finishing factory where he has been employed for fourteen years. The Occupational Safety and Health…
The injured employee in the case of James McDonald v. Brand Energy Services, Inc. was a union laborer who had worked and been injured at work several times dating back to 1991. In fact, the employee had injured his back four separate times prior to this particular work injury. With…
Beginning April 1, 2015 Massachusetts will extend employment protections to domestic workers. The Domestic Workers Bill of Rights will create new legal obligations for individuals or families who employ domestic workers including nannies, housekeepers, caregivers, and other domestic workers. The new law will create a number of new rights…
In September of 2014, Massachusetts received a grant from the U.S. Department of Labor to enforce activities centered on worker misclassification detection. The Massachusetts wage and hour laws allow workers who have been misclassified as independent contractors to bring lawsuits seeking monetary compensation against their employers. Those employers who have…
Perhaps the most common reason why injured workers seek out a workers’ compensation attorney is because their employer’s workers’ compensation insurer is refusing to authorize and pay for medical treatment that their treating physician is recommending. Massachusetts workers’ compensation benefits provide for 100% payment of any and all medical…
After you have been injured at work and need medical treatment, often times you will be contacted by your employer’s workers compensation insurance company or a nurse who works for the workers’ compensation insurer for the purpose of them trying to steer you to a certain doctor for medical treatment. …