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…
Articles Posted in Workers’ Compensation
New Massachusetts’ law expands rights of Domestic Workers
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…
INDEPENDENT CONTRACTORS MAY BE ENTITLED TO MASSACHUSETTS WORKERS’ COMPENSATION BENEFITS
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…
New OSHA Workplace Injury Reporting Rule Goes Into Effect as of January 1, 2015
The new year brought new changes to the United States Department of Labor, Occupational Health and Safety Administrations’ (“OSHA”) work injury reporting requirements for employers. Prior to January 1, 2015, employers were required to report fatalities occurring at the workplace and incidents that required three or more employees to be…
How to Get Your Medical Treatment Approved Through Massachusetts Workers’ Compensation
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…
Two Workplace Fatalities Result in $168K OSHA Fine for Massachusetts Electrical Company
OSHA has completed its investigation into the April 2014 crane accident in Bourne, Massachusetts that took the lives of two electrical workers. Two linemen, John Loughran, Jr. and Michael Boyd, both age 34, were tragically killed when the crane truck from which they were working tipped over, causing them to…
Does Massachusetts Workers Compensation allow me to choose my own doctor?
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. …
What To Do When Workers’ Comp Refuses to Pay for Your Necessary Medical Care?
In Massachusetts, when you are injured on the job and your work injury requires medical care, your employer’s workers’ compensation insurer is responsible for paying for 100% of any reasonable and necessary medical treatment. You are not responsible for any co-payments and your medical providers are prohibited by law from…
A Safe Workplace: A Requirement Benefiting Employees and Employers
The United States Department of Labor, Occupational Safety and Health Administration (“OSHA”) has created a health and safety module for employers to follow which is aimed to help reduce workplace injuries to their employees. As OSHA states, employees and employers alike have incentives to maintain a safe workplace. For employees,…
During Winter, More Awareness Required On Construction Sites
Many Massachusetts and Boston area construction projects require work to be performed outdoors during our region’s harsh winter months. Construction workers are required to work in brutal winter weather conditions, such as extreme cold, snow and ice which can create dangerous working conditions. Because injuries caused by winter weather conditions…