What is Workers’ Compensation and how does it work in Massachusetts?

Workers' Compensation provides wage replacement coverage to Massachusetts workers who are injured in on-the-job accidents. Filing a workers' compensation claim can an extremely complicated process. Doing so without the help of an experienced Boston workers' compensation lawyer can be stressful and overwhelming, often resulting in delayed benefits, reduced benefits, or no benefits at all.

Most work-related injuries are eligible for workers' comp benefits, but employers and insurance companies rarely make the process an easy one. With the help of a skilled workers' compensation lawyer, your chances of receiving full benefits in a timely manner are significantly improved. If you've been injured on the job, and are not sure what to do next, give us a call and we will explain what benefits you should be receiving.

Although workers' comp effectively removes the employee's right to sue the employer, third-party claims may still be filed against a vendor or contractor if third-party negligence played a role.

Common Accidents Covered by Workers' Compensation:

Most work-related injuries are covered, even if the injury was the employee's fault. Some of the most commonly-cited workers' comp accidents include:

  • Crane accidents
  • Scaffolding accidents
  • Industrial accidents
  • Construction site blasting accidents
  • Trench and excavation accidents
  • Accidental electrocution

When a worker reports an on-the-job accident, an investigation by the Occupational Safety and Health Administration (OSHA) will usually follow. If the employer is found to be in violation of OSHA standards, fines and penalties may be imposed. Contact our Boston workers’ compensation lawyers at Altman & Altman, LLP today for a free and confidential consultation about your case.

Learn More
About Altman & Altman LLP’s Workers’ Compensation legal services.

Workers' Compensation is supposed to guarantee certain benefits to workers who get injured on the job, including coverage of medical expenses, wage replacement, and additional compensation for permanent injuries and death. Unfortunately, receiving these benefits is not always an easy task. With the help of an experienced Boston workers' compensation attorney, your chances of receiving full benefits in a timely manner are greatly improved.

Workers' compensation pays benefits for work-related injuries that result in partial disability, disfigurement and/or loss of function, total disability, permanent disability, and death. At Altman & Altman, LLP, our knowledgeable legal team has an impressive track record of protecting clients from difficult insurance companies and employers. Our attorneys are skilled at negotiating for the highest possible settlements to be paid immediately.

In addition to ensuring you get the full benefits you deserve in a timely manner, Altman & Altman, LLP will fight to get additional benefits when appropriate. For example, if you have suffered a traumatic brain injury, spinal cord injury, or a serious burn injury, the "full" workers' comp benefits may not cover all of your costs. Further, if a third party, such as a machine manufacturer or negligent contractor, played a role in your injuries, you may be entitled to additional compensation.

At Altman & Altman, LLP, we will thoroughly examine all details of your case to determine the best method of recovery for your unique situation. We will file claims against any and all negligent parties so that you receive the highest settlement or verdict possible. If you've been injured in a work-related accident and need an experienced Boston workers’ compensation attorney, contact Altman & Altman, LLP today for a free and confidential consultation about your case.

Learn More
Disclaimer - By publishing this information on this Web site, the Boston, Massachusetts law firm of Altman & Altman LLP is not claiming to represent any clients or cases mentioned here. The content provided is designed to inform readers and is not intended as legal advice.

Criminal charges have been filed against the owner of Atlantic Drain Services, a Hyde Park drain cleaning company, following the October death of two workers. Kevin Otto, the company’s owner, is facing two counts of manslaughter, as well as charges that he misled investigators and concealed records after the trench collapse that killed Kevin Mattocks, 53, and Robert Higgins, 47.

The two Atlantic Services employees were killed when a water main broke, flooding the 15-foot-deep trench they were working in. According to the Boston Fire Department, the trench lacked necessary safety protections, including a trench box. A trench box is a steel or aluminum structure that protects workers in a trench, and the Occupational Safety and Health Administration (OSHA), strictly requires trench boxes for trenches deeper than five feet.

According to Suffolk County District Attorney Dan Conley, “The evidence has established that the defendants were well aware of this shoring requirement, as well as the grave danger that workers would be exposed to without it, because they’d incurred two separate OSHA violations in the past 10 years for failing to follow it.”

When an employee misses six or more days of work due to an on-the-job injury, it is considered a “serious” workplace injury. According to the 2017 Liberty Mutual Insurance Workplace Safety Index, these serious injuries and accidents cost U.S. employers about $59.9 billion in 2014. The study, which has been conducted for each of the past 17 years, seeks to help employers concentrate on the most important areas of workplace safety.

What Are the Top 10 Leading Causes of Serious Workplace Injuries in Massachusetts and Nationwide?

Although any work-related accident can result in serious injuries, the following 10 causes accounted for more than 83 percent of the total $59.9 billion spent nationwide in 2014. And the top three causes collectively represent nearly half of that total.

  1. Overexertion
  2. Same level falls
  3. Falls to a lower level
  4. Struck by an object
  5. Other types of overexertion or bodily reaction
  6. Roadway accidents involving motor vehicles
  7. Slip or trip accidents without a fall
  8. Being caught in or compressed by an object or objects
  9. Struck against an object
  10. Repetitive motions related to micro-tasks

“Each year, we rank the top 10 causes of the most serious, nonfatal workplace injuries by their direct costs to help companies better protect employees and the bottom-line,” reports Liberty Mutual spokesperson Debbie Michel. “Workplace injuries impact both employees and employers. Injured employees face potential physical, emotional and financial harm. Employers face the direct costs of workplace injuries – medical care related to the accident and some portion of an injured employee’s pay – and the indirect costs, including hiring temporary employees, lost productivity, and quality disruptions.”

When compared to the 2016 report, the top 10 causes of serious workplace accidents remained the same. However, the share of those 10 causes in the cost of total workplace accidents grew from 82.5 percent in 2016 to 83.4 percent in 2017. Roadway accidents and same level falls continued the upward trend while overexertion saw a substantial decrease. These results help companies like Liberty Mutual advise employers of how to effectively reduce serious workplace accidents. If you’ve been injured in a serious workplace accident, it’s crucial to consult with a skilled MA serious workplace injury lawyer. Your employer will prioritize his or her best interests. You should do the same.

Which Occupations Have Highest Risk of Serious Workplace Injuries?

Although certain occupations have a greater risk of serious workplace injuries, you can be injured while performing any type of job duty, from secretarial work to fighting fires. The occupations below have some of the highest rate of workers’ comp claims for serious workplace injuries:

  • Laborers
  • Truck drivers
  • Nurses and nursing aides
  • Construction workers
  • Carpenters

If you have suffered any of the above injuries, or have experienced another type of workplace injury such as carpal tunnel syndrome or chemical burns, it is in your best interest to hire an experienced Boston work injury lawyer right away. The right representation can ensure that you obtain the compensation you deserve in a timely manner. Continue reading

The Department of Labor’s Occupational Safety and Health Administration (OSHA) has levied fines against New Jersey-based Ned Stevens Gutter Cleaning and General Contracting of Massachusetts Inc. after a second incident involving a worker falling from a roof happened within the same year.

The first incident occurred on Nov. 29, 2015 when an employee fell 26 feet off a roof in Newton, and the second incident occurred in Lexington on Oct. 24, 2016 when a worker fell nine feet from a garage roof. The same company had already been cited for a similar event in March of 2014 as well that occurred in New Jersey.

An inspection by OSHA revealed that, in the incident that occurred in Lexington, the employee working atop the garage did not have adequate fall protection prior to his accident, and neither did his foreman, who was vulnerable to a fall from a much higher roof of 26 feet. OSHA fined Ned Stevens $68,591 in total for this violation.

A 51-year-old Stoughton worker was tragically killed on Jan. 24 after an incident at his place of work in Freetown. Alphonse Ferent was working at a distribution center for Stop & Shop when he fell between a loading dock and a tractor trailer that was pulling away from the loading dock.

As the truck pulled away, a forklift that was unloading product from inside the tractor trailer fell out of the back of the truck and onto Ferent, killing him, as reported by the Massachusetts Coalition for Occupational Safety and Health (MassCOSH).

Ferent’s death marks the 21st worker death that resulted from heavy objects falling and crushing the victim since 2007. Nationally, the Department of Labor’s Occupational Safety and Health Administration (OSHA) estimates that there are about 85 fatal accidents involving forklifts every year, and approximately 11 percent of the 855,900 forklifts used across the United States will be involved in some type of work accident.

“Our thoughts go out to the friends and family of Alphonse,” said MassCOSH Interim Executive Director Al Vega. “Here at MassCOSH, we have seen far too many lives lost at loading docks. Until employers recognize the inherent dangers that come with moving goods at distribution centers and take to heart their responsibility to keep their workers safe no matter what, we will continue to senselessly lose men and women on the job.”

Employers are responsible for worker safety

This tragic accident involved many aspects that could have been avoided. Any situation involving a forklift on a moving apparatus such as a tractor trailer should be properly supervised and only performed by trained employees utilizing proper safety protocols. In this case, an investigation will be launched to ascertain why the truck began moving with the forklift still performing work in its cargo-holding area.

OSHA requires that all workplace deaths must be immediately reported and investigated to find out what went wrong and what could be done to prevent any future tragedies. The managers at the distribution center, and Stop & Shop, very well may face citations and penalties for any failures found that resulted in the compromising of their employees’ safety.

Although this event could have been the result of a tragic, ill-timed accident, it nonetheless puts a spotlight on the dire importance of proper safety protocols in areas where heavy machinery are used in close conjunction to employees. The family of the worker who lost his life will never be able to regain what they have lost, but they may be able to file a suit for wrongful death if an investigation shows that his death was preventable. Continue reading

Certain work environments in Massachusetts that are predisposed to a higher risk of burn injuries. These include construction sites, chemical plants, and factories. According to the Occupational Safety and Health Administration (OSHA), about 5,000 burn injuries are suffered annually due to workplace fires and explosions. Read on for more information about the various types of workplace burns, and how you can dramatically reduce your risk of this type of injury.

Types of Workplace Burns

Workplace burns typically fall into one of three categories: thermal, chemical, or electrical.

If you are injured on-the-job, workers’ compensation usually steps in to cover damages, from medical expenses to a portion of lost wages. Workers’ comp is even available if the accident was your fault. But what if the accident was a result of another’s negligence? If you fall off scaffolding because you weren’t paying attention, that’s not negligence. But if you fall off scaffolding because no harness was provided, negligence might be a factor. If you have been injured in in a construction-related accident, contact a MA work injury lawyer today.

What’s a Third-Party Lawsuit?

Here’s the thing about workers’ comp – it prohibits you from suing your employer. But what if another party was responsible for your injuries. If a third-party vendor or contractor played a role in your injuries, you may be able to file a third-party lawsuit in addition to your workers’ comp claim. If you are injured at work, you can file for workers’ comp which will provide benefits to you while protecting your employer from being sued. If the accident occurred because the brand new crane you were working on malfunctioned, you may be able to sue the crane manufacturer for defective design or faulty equipment. This is known as a third-party lawsuit. Site owners, general and sub-contractors, and equipment manufacturers are the most common types of third-party players in the construction industry.

The construction site owner and contractors may also be liable for injuries, depending on the circumstances. The Occupational Safety and Health Administration (OSHA) requires that general contractors and sub-contractors provide a safe working environment at all times. Further, it is their responsibility to ensure that work safety regulations are followed. They may do this through observation and trainings, adherence to codes, and by providing safe, well-maintained equipment. If general and sub-contractors fail to meet these requirements, they may be liable for damages if an accident occurs. Equipment manufacturers can also be liable if a piece of equipment is found to be defective, or if proper instructions for safe operation are not provided. If you have been injured in a work-related accident, contact a Boston work injury lawyer today.

Photograph, Document, Record

Documentation is key if you believe that negligence played a role in your work injury. It is crucial to keep medical records, collect witness statements, and take photographs of any evidence or relevant information. Jot down the location of the accident, and any pertinent details about the construction site. If a third party was negligent, you may be eligible for additional compensation for medical expenses, pain and suffering, lost wages, transportation costs, and more. Keep in mind, however, that third-party lawsuits are complex matters. The help of a skilled injury lawyer will greatly improve your chances of success.

Wrongful Death

If a loved one suffered fatal injuries in a construction-related accident, the family may be able to file a wrongful death claim if the accident was due to another’s negligence. In some cases, multiple lawsuits, including wrongful death, product liability, and personal injury, may be filed. Continue reading

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has declared the death of a worker at a Bellingham Massachusetts used auto parts business as preventable, and the result of a lack of proper safety training.

The employee was inflating a tire while working at John’s Used Autos and Parts LLC when he was struck in the head by a “chain come-a-long” device that is used to mount rim wheels onto tires. The incident occurred on Oct. 31, 2016 and the employee perished from his injuries on Nov. 11.

An investigation into the workplace fatality was launched by OSHA’s Braintree office and found that the employer did not:

Electricity, simply put, is a concentrated flow of electrons from one point to another. Electrocution occurs when we interrupt a closed circuit of electricity by touching it with any uninsulated part of our bodies, most commonly our hands or feet. The high concentration of water in our organs and flesh makes an excellent conductor, so electricity will travel through our bodies as if it were a new part of the circuit.

A high concentration of electricity is not something that our bodies are naturally equipped to handle, and the flow of energy will cause serious and potentially life-threatening harm to the victim. The severity of damage from the shock corresponds directly to the voltage, amperage, pathway and duration of the jolt. If a high-voltage shock travels through a victim’s heart for an extended period of time, such as when a power line worker accidentally makes contact with a high voltage wire, survival is very unlikely.

Electrocution was the second deadliest force for workers in 2014, according to the Occupational Safety and Health Administration (OSHA). In 2014, 899 construction workers died while on the job, which is over 20 percent of the total worker death count for that year. Of these 899 deaths, electrocution was the second-leading cause of death, responsible for 74 construction worker fatalities.

A contract packaging company based out of Dudley, MA is facing hefty fines from the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) after their negligence and subsequent actions seriously endangered one of their temporary workers in May of 2016.

On May 26, 2016, an improperly-trained temporary worker for Shield Packaging Co. Inc., which specializes in filling, packaging and shipping products stored in pressurized aerosol cans, was cleaning the filling nozzles along a production line when the equipment unexpectedly turned on, violently piercing his finger with the sharp filling nozzle and “inflating” his arm with pressurized, propellant gas.

The incident alone was gruesome enough, but Shield Packaging truly blundered in their reaction to the horrible accident. The worker’s employers did not even call 911 in the immediate aftermath. The injured employee was the one to initiate a 911 call. After the call was made, the employee was taken in a private vehicle to the hospital where they underwent emergency treatment and was hospitalized.

The Occupational Safety and Health Administration (OSHA) has found a Cincinnati-based food company to be guilty of multiple safety violations that led to a worker having one of his arms amputated below the elbow after an avoidable accident occurred at their factory.

Klosterman Baking Co. now faces close to $150,000 in citations due to their negligence, which involved not enforcing proper safety precautions in the cleaning and maintenance of their machinery. The 28-year-old employee eventually lost his arm after it was injured while cleaning a machine and a conveyor belt with a compressed air wand.

Even worse, the follow-up OSHA investigation revealed that Klosterman Baking Co. continued to expose its employees to the same risks that wound up severely injuring their employee. Even after somebody was seriously injured, they continued to operate without the proper safety precautions and made no attempts to protect other employees from the same potential harm.

Contact Information