Massachusetts Workers' Compensation Lawyer Blog

February 12, 2025

Types of Workers’ Compensation Benefits Available to Massachusetts Employees

Massachusetts provides comprehensive workers’ compensation benefits to protect employees who suffer work-related injuries or illnesses. Understanding these benefits and how they apply to your situation can significantly affect your recovery and financial stability. Workers’ compensation in Massachusetts covers medical expenses, lost wages, and other specific losses tied to workplace injuries. Knowing your rights and working with an attorney can ensure you receive the compensation you deserve.

Workplace injuries can leave employees facing physical and emotional challenges and financial strain. Massachusetts law requires employers to carry workers’ compensation insurance, which provides employees with essential benefits without needing to prove employer fault. Whether you are temporarily unable to work, coping with a permanent disability, or managing long-term medical needs, these benefits are designed to safeguard your livelihood.

Temporary Total Incapacity Benefits

If your work-related injury or illness keeps you from working for six or more full or partial calendar days, you may qualify for Temporary Total Incapacity Benefits. These benefits compensate you at 60% of your average weekly wage, calculated over the 52 weeks before the injury. The Massachusetts State Average Weekly Wage (SAWW) determines the maximum weekly benefit at the time of the injury. You may receive these payments for up to 156 weeks, depending on the duration of your disability.

January 14, 2025

Massachusetts Court Examines Workers’ Compensation and Employer Liability in Recent Case

by Altman & Altman

In a recent decision, the Massachusetts court reviewed critical issues involving workers’ compensation benefits and employer liability. This case highlights the complexities of workplace injury claims, particularly when third-party liability is involved. For injured workers, the ruling underscores the importance of understanding their rights and how different claims interact under Massachusetts law.

The Facts of the Case

The case involved a workplace injury sustained by a truck driver employed by a company providing yard management services. The worker was injured while operating in a loading area controlled by a third-party business. The injury occurred during an attempt to secure a trailer, which became unstable and caused the accident. The worker sought compensation for injuries, leading to a legal battle addressing the interplay of employer protections under workers’ compensation laws and potential third-party liability.

Key details emerged during the proceedings, including the role of safety protocols and communication between the employer and the third party. Questions arose about whether the third party’s negligence contributed to unsafe working conditions and whether the employer’s workers’ compensation obligations shielded them from additional liability. This complex fact pattern offered the court an opportunity to address significant legal principles governing workplace injuries.

November 6, 2024

Common Mistakes to Avoid When Filing a Massachusetts Workers’ Compensation Claim

by Altman & Altman

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

June 5, 2024

Recovering Lost Wages After a Work Injury in Massachusetts

by Altman & Altman

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

June 5, 2024

Employer Responsibilities for Workplace Safety

by Altman & Altman

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

December 8, 2023

After Work-Related Asthma Death in Cannabis Industry, Increased Surveillance is Encouraged

by Altman & Altman

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.

November 10, 2023

What You Need to Know About Workers’ Compensation in Massachusetts

by Altman & Altman

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.

October 2, 2023

Injured by a Fall on the Job?

by Altman & Altman

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

August 22, 2023

The 10 Most Dangerous Jobs in America

by Altman & Altman

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).

August 15, 2023

The Biggest OSHA Fines of Q2 2023

by Altman & Altman

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