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…
Boston Workers Compensation Lawyer Blog
How to Calculate Your Social Security Disability (SSDI) Offset (Reduction) if You Are Receiving Weekly Workers’ Compensation Benefits
Another disability benefit available for Massachusetts’ employees injured and out of work for more than one year is social security disability. For more information on who qualifies for SSDI benefits and how you can apply for SSDI, please refer to our SSDI practice area page. It is important to note that any…
Massachusetts Workers’ Compensation benefits for Scarring are Inadequate
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…
Massachusetts Workers Comp: Understanding the 180 Day Payment Without Prejudice Period Extension Form
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…
Pursuing Permanent and Total Disability Benefits in a Massachusetts Workers’ Compensation Claim
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…
Boston Winter Weather Causing Spike in Workplace Injuries
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…
Recent Court Decision Discusses “Coming and Going Rule” in Massachusetts’ Workers’ Compensation
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’…
Massachusetts Court Rules Worker Injured after Returning to Work against Doctor’s Orders is Entitled to Workers’ Compensation
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…
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…