Articles Posted in Work Injury

Most Massachusetts workplace injuries are covered by workers’ compensation benefits. On-the-job accidents, such as chemical burns, falls from high places, inhalation of toxic fumes, being struck by an object, and work-vehicle accidents can result in serious physical injuries and even death. But what about emotional injuries? In Massachusetts, mental and emotional injuries are typically covered by workers’ compensation if they result from eligible workplace events. Contact a Boston Workers’ Compensation Lawyer Today.

A recent MA workers’ comp claim filed by a Suffolk County Sheriff’s Department employee highlights a notable exception in the Massachusetts workers’ comp statute. Joseph Upton, a jail officer who started working at the sheriff’s department in 1991, was terminated after a jail assault investigation revealed that he had filed false reports about the incident. However, upon following a grievance, his job was reinstated in 2001. Upton was scheduled to receive back pay, minus any unemployment benefits he received while not working. Although the sheriff’s department appealed the award of back pay, the MA Supreme Court upheld the award in 2008.

Upon reinstatement, Upton was required to submit a signed document that detailed his unemployment earnings while off work. However, after learning that the jail officer may have underreported outside earnings, the sheriff’s department requested that Upton meet with investigators to discuss his signed statement. Immediately following the meeting, Upton went to the hospital, complaining of chest pains and shortness of breath. Shortly after, Upton filed a workers’ comp claim, requesting benefits for emotional injuries suffered as a result of the stressful investigation.

Injuries Resulting from ‘Personnel Action’ are Not Covered

Upton’s claim for benefits was denied by the administrative law judge because his disability was the result of a “bona fide personnel action.” Chapter 152 of the Massachusetts workers’ comp statute specifically states, “No mental or emotional disability arising principally out of a bona fide, personnel action including a transfer, promotion, demotion, or termination except such action which is the intentional infliction of emotional harm shall be deemed to be a personal injury within the meaning of this chapter.” As Upton’s meeting with investigators was deemed a “personnel action,” his injuries weren’t eligible for benefits. This case serves as a reminder that Massachusetts employees are not eligible to receive workers’ comp benefits for injuries that occurred due to a normal personnel action, including investigative procedures. This is even true for physical injuries, such as chest pains or shortness of breath. Continue reading

Massachusetts provides benefits for five types of workers’ compensation disability claims. These are 1) temporary total disability, 2) temporary partial disability, 3) permanent partial disability, 4) permanent and total disability, and 5) death. Total disability is paid for up to three years when an injury prohibits any ability to work. Benefits for permanent and total disability typically pay a percentage of an injured worker’s wages, on a permanent basis. Workers’ Compensation death benefits are designed to help families of workers who have died from a work-related injury or illness. However, the majority of workers’ compensation claims in the United States are permanent partial disability (PPD).

What is Permanent Partial Disability?

If an employee’s work-related injury has lessened his or her ability to work to some degree, but not entirely, PPD benefits may be available. This reduced earning capacity may be triggered by a necessity to change jobs, work less hours, or work for decreased wages. The injured worker’s physician uses American Medical Association (AMA) guidelines to determine the level of disability. In addition to injuries from falls, burns, or fallen objects, these AMA guidelines also cover occupational diseases, such as respiratory conditions from allergen exposure, neurological disorders from metals or pesticides, and even carpal tunnel syndrome. PPD standard coverage can last no more than 5 years (260 weeks). However, coverage may be extended to 520 weeks if there is a 75% permanent loss of body function or a diagnosis of a perpetual life-threatening condition such as:

• Spinal cord damage
• Loss of organ functioning, such as lungs, kidney, urinary, or bowel function
• Damaged equilibrium
• Loss of mental functioning, such as short term memory loss or language comprehension
• Cancer
• Autoimmune disease

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The Occupational Safety and Health Administration (OSHA) is calling for a reform that would provide temporary employees with the same benefits and training that permanent employees hold within a company. An agency that provides temporary workers to various businesses committed a serious violation in 2014 and has since been called upon to improve their conditions for all employees. Marathon Staffing Services Inc. was called into question when it became evident that they did not administer hearing tests for their employees who were consistently exposed to elevated noise levels while working for Concrete Systems Inc. based out of Hudson, New Hampshire.

According to reports detailing the new agreement that has since been put into place, Marathon Staffing Services is required to have a qualified health and safety professional review a checklist that details possible safety and health concerns present in the work environment. Once the health and safety professional has acquired a direct list of concerns, they will then be able to move forward in the process in terms of conducting an initial inspection. From there, they will also hold periodic inspections and audits to ensure that the conditions displayed at these workplaces are meeting each of the standards OSHA has in place.

In addition to the mandated inspections, Marathon will also be required to provide necessary training to account executives and sales representatives to ensure that their health and safety knowledge is comprehensive. Marathon is also asked to develop written contracts that are specific to each individual client that works with them—an initiative that will detail what the respective requirements will be for each workplace that will be supplied with temporary employees via Marathon Staffing Services Inc. These contracts will ensure that each client is fully complying with the health and safety standards being put into place by OSHA in hopes of protecting all employees in the future. Kim Stille, the New England regional administrator for OSHA, has said that “Both host employers and staffing agencies have critical roles in complying with workplace health and safety requirements.” Continue reading

Water, rest, shade; three simple words that hold a lot of meaning if you are out working in the hot sun all day. The Occupational Health and Safety Administration (otherwise known as OSHA) as well as the Centers for Disease Control and Prevention (the CDC) are offering easy to follow guidelines in order to prevent heat related illness in workers across the country.

That water, rest, shade motto is the first step toward enlightening workers on what they need to do to make sure they are working in safe conditions. OSHA recommends that all workers who are outside in warm conditions drink water every 15 minutes, even if they don’t feel as though they are thirsty at the time. They also suggest that workers rest in the shade, or an air-conditioned area if available, to cool down periodically throughout the day. Wearing a hat and light colored clothing can also contribute to a person’s ability to cool down efficiently during the workday. OSHA believes that employers should train all of their workers on the signs and symptoms of heat illness so that they are effectively able to recognize it within themselves and others. Knowing the symptoms and keeping an eye on your fellow workers could lead to the prevention of serious issues arising.

Workers are not the only ones responsible for preventing heat related illness from striking in the workplace. Employers are instructed to make cooling down an easily accessible option for all of the employees under their care. Providing water stations, shaded areas, and frequent breaks are all necessities that should be provided to those who work outside in the summer heat. OSHA suggests that those who are new to working outside, or for those who usually work outside but have not done so for a period of a week or longer, to have adjusted work schedules to ensure that these individuals are becoming acclimatized to their workload for the day. Acclimatization is heavily stressed by representatives for the Occupational Health and Safety Administration purely because heat tolerance is built up over time. Gradually easing new or returning workers back into their schedule for the day is the best and safest way to be sure that these individuals are not leaving themselves at a higher risk for heat illness.