Articles Posted in Work Injury

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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

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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

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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

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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.

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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

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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).

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If you thought you missed your chance to file a Massachusetts workers’ comp claim, you may be in luck: the Commonwealth has one of the longest workers’ compensation time limits in the nation. Unlike Michigan, where claims must be filed within two years of the injury, or Arizona, which has a one-year statute of limitations, Massachusetts allows you to file within four years of the date you learned your injury was job related. In the case of a fatal work injury, eligible dependents can file workers’ compensation death benefit claims within four years of the employee’s date of death.

What Causes Delayed Filings of Massachusetts Workers’ Compensation Claims?

In order to qualify for workers’ compensation benefits in Massachusetts, you must be disabled for five full or partial calendar days (not necessarily consecutive). At that point, your employer should notify the Department of Industrial Accidents (DIA) of your injury. If you are disabled for less than five days, your employer can file a “medical only” claim with their insurance company.

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Designed to promote employee health and safety, OSHA standards aim to reduce injuries from foreseeable hazards in the workplace. OSHA (Occupational Safety and Health Administration) regulations govern over 130 million workers at 8 million worksites across the United States. While covered employers should always follow OSHA standards, inspections happen only occasionally, such as when a severe injury occurs, someone files a complaint, or a work site has high rates of injury or is part of a high-hazard industry.

Most Common Massachusetts Workplace OSHA Violations of 2021

Each year, the federal agency publishes a list of the 10 most frequently cited OSHA standards following inspections. According to OSHA, far too many preventable workplace injuries, illnesses, and deaths are related to these top 10 standards.

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The Injury Machine? Workplace Accidents at Amazon Warehouses

Amazon is the largest online retailer in the world and the second-largest employer in the country. Unfortunately, it also leads the field in a less favorable category: warehouse injuries.

Amazon workers suffer serious injuries at over twice the rate of other warehouse employees, according to a report by the Strategic Organizing Center (SOC). While Amazon employs one-third of all the warehouse workers in the U.S., it is responsible for nearly half of all warehouse injuries.

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Electricity is a powerful force. In the wrong circumstances, anyone who comes in contact with it can be hurt or even killed. But for workers in certain industries, accidental electrocution is an occupational hazard faced every day. 

Around 2,200 electrical injuries annually force U.S. workers to take time off the job. What’s worse, an average of 175 workers die each year from injuries caused by electrocution. According to the Electrical Safety Foundation International, “contact with/exposure to electric current” is the seventh leading cause of workplace fatalities.  

Industries with High Rates of Electrocution Injury  

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