Filing a workers’ compensation claim in Massachusetts can be a surprisingly daunting process. Legal paperwork is inherently complicated, but the challenges become even more pronounced when the individual is dealing with a serious work injury or illness. Unfortunately, many claimants make mistakes that can jeopardize their chances of receiving the benefits they deserve.

Considering that the Massachusetts Department of Industrial Accidents reported over 20,000 workers’ compensation claims in 2021 alone, it would be wise for MA workers to familiarize themselves with how workers’ comp operates in the state. It’s worth noting that lack of evidence, late filing, and noncompliance with medical advice are among the most common reasons for claim denials.

Understanding Workers’ Compensation

Each year, the Massachusetts Department of Industrial Accidents records over 60,000 workplace injuries and illnesses, highlighting the prevalence and impact of workplace accidents in the state. Workers’ compensation benefits play a huge role in aiding injured employees by covering essential costs such as medical expenses and lost wages, enabling them to focus on recovery and eventually return to work.

Suffering a work-related injury can be a distressing experience, especially when it leads to lost wages and financial instability. If you’ve been injured on the job, understanding your legal rights and how to navigate the options available to you is essential. Furthermore, you may be entitled to additional compensation if employer negligence played a role in your injury.

Workers’ Compensation Benefits in Massachusetts

In Massachusetts and across the United States, ensuring workplace safety is a major responsibility for employers. Workplace injuries can have devastating consequences for employees, ranging from physical harm to financial strain. As such, employers are legally obligated to create and maintain a safe working environment, adhering to both federal regulations and state-specific laws. Understanding these responsibilities is important for both employers and employees alike.

Consider a construction site where workers are required to wear protective gear such as hard hats and harnesses. The employer’s responsibility extends beyond merely providing this equipment; they must enforce its use and regularly inspect it for defects. Similarly, in an office setting, employers must ensure ergonomic workstations to prevent repetitive strain injuries. Read on for more information about employer responsibilities and how Altman & Altman, LLP can help if you’ve been injured at work.

National Employer Responsibilities

As the legal cannabis industry continues to grow, so have concerns about workplace safety and health. Tragically, a work-related asthma death in the cannabis industry has brought attention to the potential respiratory hazards that workers may face.

According to the Massachusetts Department of Public Health (DPH) and the Occupational Safety and Health Administration (OSHA), the first known work-related asthma death in the cannabis industry occurred in Massachusetts last year.

In January 2022, a 27-year-old woman died from an asthma attack while working as a production technician in a MA cannabis cultivation and processing facility. She had been working for the facility for seven months and had spent three of those months processing and handling cannabis flower buds. Although this tragedy is the only reported asthma-related death in the cannabis industry to date, several cases of non-fatal respiratory disease among MA cannabis workers have also been reported.

Although construction and other labor-intensive jobs have an especially high incidence of work-related accidents, injuries occur in every type of job. In Massachusetts, employees across all industries, from healthcare and education to manufacturing and technology, are typically protected by workers’ compensation insurance.

Coverage is Almost Universal

Workers’ compensation is a system designed to provide compensation for employees who suffer work-related injuries or illnesses. The beauty of this program is that it covers almost all workers in the state, whether you’re employed full-time, part-time, or seasonally. Even employees in small businesses and nonprofits are typically entitled to workers’ compensation benefits.

Of all the hazards employees face every day on the job, one regularly appears near the top of the list: falls. From defective ladders to uneven surfaces, dangerous work conditions can result in serious falls. In 2020, 805 employees in the United States died in slips, trips, and falls and 211,640 were hurt badly enough to need days off of work.

Falls are an even bigger danger in certain jobs. According to the U.S. Bureau of Labor Statistics, slips, trips, and falls are the leading cause of death in the construction industry, accounting for over a third (38%) of all fatalities from 2015 to 2019. In a typical year, around 300-400 construction workers fall to their deaths.

Frequently Cited OSHA Violations

While anyone can get hurt on the job, certain professions are significantly more hazardous than others. According to the Bureau of Labor Statistics (BLS), a total of 5,190 fatal work injuries occurred across industries and regions in the United States in 2021. The following jobs represent the 10 civilian occupations with the highest fatal work injury rates (out of 100,000 full-time equivalent workers).

Logging Workers

With a staggering fatal injury rate of 82 per 100,000, logging workers have the most dangerous job in America. Loggers tend to work on isolated sites with variable weather conditions, where they face falling debris and contact with heavy machinery. In fact, loggers died at a rate almost 23 times greater than the average across all professions in 2021 (3.6 out of 100,000).

The Occupational Safety and Health Administration (OSHA) inspects tens of thousands of worksites a year. While typically under half of those inspections (44% in 2022) are programmed to target hazardous industries and operations, the rest result from specific events like employee complaints, injuries, fatalities, and referrals.

Any safety violations encountered during an OSHA visit can result in a citation, which typically comes with a fine. In January of 2023, OSHA increased its maximum civil penalty from $14,502 to $15,625 per violation. For repeated or willful violations, the maximum fine increased from $145,027 to $156,259 per violation.

Employers With the Most Costly OSHA Violations in Q2

Dangerous jobs continued to hurt and kill workers in “alarming numbers” last year, according to a report by the Massachusetts Coalition for Occupational Safety and Health (MassCOSH) and the Massachusetts AFL-CIO. Specifically, the report found that 51 workers suffered job-related fatalities in 2022. Although this represented a drop from the Commonwealth’s 62 workplace deaths in 2021, the report noted that many such fatalities are preventable.

Workplace Injuries and Deaths in Massachusetts

Published in April, the report showed that 39 workers died of traumatic work injuries and 12 died of work-related disease in 2022. The true numbers may be much higher, however, because the data does not include all people who died after contracting COVID on the job. In addition, injuries and illnesses are not always reported or properly recorded.

Falls are a leading cause of workplace fatalities and serious injuries across industries in the US. In 2021, 850 workers died from accidents involving slips, trips, and falls, with 680 dying specifically from falls to lower elevations. In addition to being one of the most significant causes of workplace deaths, according to the Occupational Safety and Health Administration (OSHA), falls are also one of the most preventable.

As a result, OSHA recently announced a new National Emphasis Program (NEP) to reduce or eliminate injuries and fatalities associated with falls. NEPs are special temporary programs that target particular hazards or hazardous industries. To accomplish its fall prevention goals, OSHA will use a combination of enforcement, employer outreach, and compliance assistance.

Which Industries Will OSHA Target?

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