Workers' Compensation

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

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).

June 21, 2023

OSHA Launches New Program to Prevent Falls at Work

by Altman & Altman

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?

August 8, 2022

Is It Too Late to File a Workers’ Compensation Claim in Massachusetts?

by Altman & Altman

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.