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…
Injured workers in Massachusetts who are disabled from work and receiving workers’ compensation benefits may receive an unexpected “light duty” job offer from their employer. The light duty job offer by an employer to an injured worker can often times create a confusing situation for the…
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…
Often times, injured workers who are receiving Massachusetts workers’ compensation benefits are mailed a form titled “Form 105 – Agreement to Extend the 180 Day Payment Without Prejudice Period.” Workers’ compensation insurers may send this form to an injured worker who has not yet retained an attorney in hopes of getting the…
Employees who have been hurt on the job in a Massachusetts workplace may be eligible for benefits through the state workers’ compensation system. This is a form of no-fault insurance that most employers are required by law to provide. It is designed to avoid the need for employees who suffer…
As we turn the clocks forward in anticipation for spring, it will not be easy for Massachusetts’s residents to forget the past few wintry months. This certainly has been a winter to remember here in the New England region, and not for the most pleasant of reasons. Certain areas of…
In re Kelbe’s Case, the Appeals Court of Massachusetts presented a decision that provides an adequate summary of the “going and coming” rule in worker’s compensation cases, which generally disallows monetary recovery for injured employees. The court’s opinion began with a review of the general rule, which states that workers’…
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…