Articles Posted in Workers’ Compensation

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If you’ve been injured on the job, you’re probably wondering if you’ll be eligible for workers’ compensation and when those payments will begin. Missing even one week of work can be financially devastating for some people. Although workers’ comp is there to protect workers from catastrophic losses following a work-related injury, benefits may not begin for weeks following the injury. In some cases, benefits are delayed for months due to application errors and missing information. Contact a Boston workers’ compensation lawyer to ensure you get the benefits you deserve in a timely manner.

Workers’ Comp Timeline

All workers’ comp cases are unique, but the timeline below will give you a general idea of what to expect after filing a claim for workers’ comp.

  • The injury: This is when the workers’ comp timeline officially begins. The first step is to seek medical attention for your injury. Don’t avoid this step because you can’t afford medical treatment. Without medical evidence, your chance of a successful claim is limited.
  • Report the injury to your employer: Do this verbally and in writing, and keep a copy of the written report for your personal records. At this point, your employer should provide you with a claim form. Fill out the claim form in its entirety and file it immediately.
  • The employer notifies their insurance company: Once you’ve returned the claim form to your employer, they must notify the insurance company of the claim. This will begin the process of arranging medical care and compensation for you.
  • The insurer accepts or denies your claim: The insurance company has 30 days to notify you of its decision. Payments should begin almost immediately following the approval. If your claim is denied, however, you have the option of requesting a hearing to review the insurer’s decision. This is a time sensitive request; you typically have about 60 days after receiving a denial to request a review. The hearing date will generally occur within 30 days of your request, and the hearing officer will make a final decision within 15 days of that hearing.

As you can see, workers’ compensation benefits can be delayed for an extended period of time due to various circumstances. Some of these situations can be avoided with proper planning and attention to detail, other situations require the assistance of an attorney experienced in this complex area of the law. Contact a Boston work injury lawyer today. Continue reading

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Some of the most important jobs that bolster our economy and continue our growth here in Massachusetts and across the country also happen to be the most dangerous. Construction workers, line workers, industrial engineers, miners, farmers, and a thousand different variants of manual laborers all put their bodies into harm’s way in order to perform their important duties and make money for them and their loved ones.  Getting injured while on the job is an unavoidable part of working in a dangerous field. Despite being careful, and despite long lists of safety regulations that are required for employers to follow, accidents will happen. When they do, having mandatory workers’ compensation programs is what separates the United States from less-developed nations, where injured workers may simply be on their own financially.

Employers are required to offer workers’ compensation, and for good reason. If someone is unable to work and collect a paycheck due to an injury sustained at work, that place of employment should take responsibility and step up to help their employee. It’s not just a sign of good faith and morals, it’s the law.

Mucking the gears of workers’ compensation is wrong

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Anybody who has experienced a mild to severe burn can attest to the fact that the pain from a burn is unlike any other kind of pain. You can run it under a cold tap or press an ice pack to it, but you know this is only a tiny and temporary relief. For the most serious of burns, pain may not be an issue due to the nerves being permanently destroyed, but amputation of the burned area is almost certain.  In the United States, unlike some developing parts of the world, burns are easily preventable and survivable. According to the American Burn Association, over 96 percent of burn victims admitted to burn trauma units in 2015 survived their injuries. Of these burns, the vast majority (73 percent) occurred at home. The next leading place of occurrence was at their workplace (8 percent).

Workplace burns can happen from multiple causes, from something as simple as a boiling liquid splashing or spilling to something less expected like maintaining contact with something severely cold or doing work outside – even on a cloudy day – without any protective clothing or sunscreen. Burns can range in severity, from non-serious superficial burns to life-threatening, full-thickness burns that cause permanent bodily damage.

Types of workplace burns

Thermal burns

 Thermal burns are what most people think of when they imagine a typical burn. They can happen from hot or boiling liquids (known as being scalded), open flames or areas of severely high temperature (such as heat escaping from an oven), hot surfaces and explosions. Thermal burns are normally entirely controllable, and can be prevented by wearing protective clothing when near the potentially-dangerous area.

Chemical burns

A chemical burn occurs when a human makes contact with a strong acid, alkaloid, corrosive or caustic material. Chemical burns are notoriously nasty since they can cause permanent and severe damage to soft tissue, especially if the material makes contact with a human eye. Workers most at risk for chemical burns are those that work in industrial fields, especially ones that work with high-strength cleaners or chemicals.  All potentially-dangerous materials should always be properly identified and workers should always wear proper protection when dealing with these types of materials.

Electrical burns

Electrocution from high-voltage sources causes electricity to travel through the body. As the electricity experiences resistant from the tissue, it causes heat and results in electrical burns. Areas of high electricity should always be properly-identified.

Sun exposure burns

Though workers who often work outside may scoff at the notion, repeated and prolonged sun exposure can result in serious burns. Employees working outside should always wear clothing, sunglasses, and headwear that cuts down on direct contact with the sun. Continue reading

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Welding is an occupation with a higher-than-average risk of serious injury. Welding accidents in Massachusetts can result in burns, loss of vision, respiratory problems, and even death. According to the Occupational Safety Health Administration (OSHA), four out of every one-thousand welders will die from a welding-related injury. Most welding accidents occur at automotive, marine, and construction job sites. These industries are much more likely to use welding than others. If you’ve suffered a welding-related injury, the skilled workers’ compensation team at Altman & Altman, LLP can help.

Common Welding-Related Injuries

Welding injuries can range from minor burns to death. Below are some of the most common injuries reported by Massachusetts welders.

  • Burns: Welding involves the melting of metals and, therefore, requires the use of extremely high temperatures. For this reason, burns are common injuries suffered by welders. Minor burns are quite common, but severe burns can result in disfigurement, debilitating pain, time off work, and even death. In addition to direct burns to the skin, welding can also lead to widespread fires when sparks created during the welding process cause workshop fires. This is especially dangerous when flammable materials, such as oil soaked rags, are present. There are two types of welding: arc welding and traditional welding. Both have a high risk of fire and burn injuries.
  • Injuries from toxic fumes: When metal is exposed to extreme heat, it begins to melt. During the conversion process from solid to liquid, gasses are released into the air. These gasses can be damaging if inhaled; injuries can be suffered immediately or over a prolonged period of time. In addition to causing respiratory problems, the gasses can also cause severe damage to the eyes. Eye injuries can still occur when protective eyewear is worn.
  • Injuries to the eyes: Many welders who have been in the industry for a long period of time begin to develop vision problems. Maintaining a steady focus on the bright lights and sparks emitted during the welding process can cause severe damage to the eyes.
  • Respiratory complications: Gasses emitted during the welding process can be toxic, and many of these gasses have the potential to cause short term and long term damage.
  • In addition to the above injuries, welding also comes with the risk of electric shock and hearing loss. Protective gear and adequate training can dramatically reduce the risk of serious injury and death from welding-related accidents. However, this occupation comes with inherent risks. If you have developed any of these injuries or health complications as a result of welding, contact a Boston work injury lawyer today.

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The temperatures might be getting cooler, but it’s still high season for construction work. In fact, with winter weather quickly approaching, many construction projects are kicking into high gear. Construction remains one of the most dangerous industries in the country, but you can dramatically reduce the risk of serious injury and death by utilizing safe practices at all times. It is an employer’s duty to provide a safe work environment. If your employer is failing to do so, discuss your concerns with them. If they refuse to take action, contact a Boston work injury lawyer to discuss your options.

Avoid the most common, and dangerous, construction-related accidents by following the safety tips below.

Construction Safety Tips

  • Hold routine safety meetings. Depending on the nature of your work, routine can mean weekly or daily. Avoid making safety information too general. The information should be practical and job-specific.
  • Ensure that workers on the ground are always wearing highly-visible clothing. The brighter, the better.
  • Hydration is important, even in cooler months. When properly hydrated, we are more alert and have better focus and concentration. Energy drinks and sugary sodas are not a substitute for healthy beverages, such as water, citrus drinks and electrolyte-rich Gatorade.
  • Don’t let the crisp fall weather fool you; direct sunlight can still be dangerous. If you’re outside all day, exposed skin should be protected. Use sunblock, wide brim hats, long-sleeved shirts, nape protectors, and umbrellas when necessary. In addition to being dangerous, too much sun exposure can also cause fatigue.
  • Use extra caution during night work. The graveyard shift can be especially dangerous when heavy machinery is involved. Humans are naturally predisposed to lose alertness when the clock strikes twelve. And night crews on road-construction projects have an even greater risk; drunk and fatigued drivers on the road can be deadly. High-visibility gear and reflective fabric and equipment is essential for night work. Vehicle warning strobes and police presence can dramatically reduce the risk of deadly accidents. Make sure adequate buffer zones and cones are in place, and equip spotters with air horns and whistles. If you’ve been injured while doing night work or any other construction-related activity, contact a Boston work injury lawyer today.
  • Drive and park defensively. All vehicles should be equipped with daytime running lights. When it comes to “following distance”, always adhere to the four-second rule. Before approaching intersections, always slow down. Tell drivers to always look before pulling out, and avoid the need to back out if possible. Remind drivers to never text, talk, or adjust the GPS while driving; distracted driving is deadly. And instruct drivers to set out a warning cone when parking a rig or another large vehicle. The cone lets people know your rig is an attended work vehicle, and they’ll typically park far away to give you extra space.

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Carpal tunnel syndrome is a repetitive stress injury (RSI) caused by the compression of nerves and tendons in the “carpal tunnel” of your wrist. These nerves and tendons allow your fingers to flex. Swelling around the carpal tunnel can result in severe pain, numbness and weakness when performing activities that require the flexing of the fingers and wrist. As with other RSIs, these injuries can become progressively worse over time. Occupations that require extensive typing and writing, for example, can exacerbate symptoms of carpal tunnel syndrome. Contact a Massachusetts Workers’ Compensation Lawyer Today.

Repetitive Stress Injuries and Workers’ Comp

Massachusetts Workers who spend hours at a desk every day, typing on a keyboard and clicking a mouse, have an especially high risk of RSIs, including carpal tunnel syndrome. Although this type of job is often the cause of an RSI, you most likely won’t sue your employer for these kinds of injuries; they are rarely due to negligence. That’s what workers’ compensation is for. Workers’ comp exists to protect employers from being sued for on-the-job injuries they are not responsible for, and to protect employees from loss of income when injuries prevent them from working.

As with most RSIs, carpal tunnel syndrome is generally covered by workers’ comp. However, the burden of proving the injury is work-related falls on the employee. It’s easier to prove that some injuries were suffered on-the-job. For example, if a worker slips and falls off a roof at a construction site in front of other workers, the workers’ comp claim is likely to be fairly straightforward. This isn’t always the case with carpal tunnel syndrome and other RSIs. What if the worker has two jobs that require repetitive movements, or he or she engages in hobbies such as tennis or blogging? Any of these scenarios could also cause carpal tunnel syndrome. If you are suffering from work-related carpal tunnel syndrome, it is crucial to consult with a personal injury lawyer experienced with RSI cases.

Carpal Tunnel Symptoms

Carpal tunnel syndrome can be excruciatingly painful. Occasionally, treatment of this condition requires surgery. Non-surgical treatments include splinting, steroid injections, and diuretics. Symptoms include:

  • Numbness, weakness, or pain in the hand and wrist
  • “Pins-and-needles” sensation
  • Numbness, weakness, or pain that worsens when using the hand or wrist
  • Aching pain in the forearm
  • Stiffness in the fingers
  • Accidentally dropping objects
  • Loss of ability to pinch objects between the thumb and index finger
  • Other Types of RSIs

Carpal tunnel syndrome is only one type of RSI. Other injuries include tendinitis and bursitis, both of which can also be extremely painful and debilitating. Certain factors can increase the risk of developing any type of RSI, including obesity, alcoholism, diabetes, gout, and lack of exercise. Continue reading

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A recent study of U.S. nursing home workers found that injured workers are more likely to lose their jobs within six months of an injury. In fact, when compared to workers without on-the-job injuries, the injured workers had more than double the risk of being fired. Workers with multiple injuries were also more than twice as likely to quit as their uninjured counterparts, making the job-loss figures for injured workers even higher. Contact a Massachusetts Work Injury Lawyer Today.

Most work injuries occur during the first months of a new job. If an injured worker quits or is fired, the risk of being injured again, in the first few months of the replacement job, is also high. This type of job turnover increases the chances of multiple injuries. There is a higher risk that the injured worker will find himself or herself in a similar situation again, within the first few months of the “new” job. Of course, worker protections are supposed to prevent job loss following a work-related injury, but federal and state regulations are not always followed.

Researchers from the Harvard T. H. Chan School of Public Health in Boston conducted a study of nursing home workers. The study analyzed data from over 1,300 workers who were interviewed at four intervals – at the commencement of the study, and again at six months, one year, and 18 months following the commencement of the study. The participants were asked if they had suffered on-the-job injuries within the past six months. Using administrative data from the nursing homes, the team was able to determine the number of workers who had lost their jobs and whether the job loss was voluntary or involuntary.

25 Percent of Workers Lost Job Within Six Months of Work-Related Injury

The study revealed that 30 percent of workers had suffered work-related injuries within the first year of employment, and that approximately 25 percent of those workers were no longer at that place of employment by 18 months. According to Peter Smith, a researcher at the University of Toronto’s Institute for Work and Health, the job loss may be due to several factors. Employers may fire workers because they think they will no longer be able to perform necessary job duties. Employers may also be concerned that the worker will get injured again. “In some situations an employer might not have put in place protections to reduce an injury occurring again, such as removing the hazards that lead to the injury,” said Smith. “While these situations should not be happening within the current workers’ compensation legislation, we do know that they sometimes do occur, in spite of the legislation in place,” Smith said. Continue reading

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Although the recent heat wave we have experienced here in Massachusetts may not be a hindrance to individuals who work in air-conditioned office buildings, it has significantly affected those who must work outdoors.  The National Oceanic and Atmospheric Administration (NOAA) predicts high temperatures and increased humidity to persist throughout the week, especially in the Southeastern region of the United States.  The Southwest is expected to continue to have hot but dry conditions throughout the week.  Globally, we have experienced record temperatures, with June being the fourteenth consecutive month of record heat, according to the NOAA.  These high temperatures may be the perfect climate for a day at the beach, but they are not without consequence for workers.  In 2014, there were 2,630 workers who experienced some sort of heat illness and 18 died from heat stroke while at work, according to the Occupational Safety and Health Administration (OSHA).

OSHA explains how hotter temperatures can be hazardous to workers outside.  When the outdoor temperature is higher than the body temperature of workers, it becomes more difficult for them to cool off.  Typically, the body sweats to in response to excessive heat in order to cool down, but this is only effective if the humidity level is low enough to allow the evaporation of the sweat.  Sweating also depletes the body of fluid and salt, which needs to constantly be replenished.  When the body cannot cool itself down, heat is stored in the body, thereby increasing the core temperature.  As a result of this core increase, Massachusetts workers may experience increased heart rate, inability to focus, and irritability.  Fainting and death can occur from heat stroke if the core temperature is not quickly cooled back to a normal degree.  In addition to this risk, individuals who are regularly exposed to extreme heat can suffer other heat-related illnesses, such as heat rash and heat cramps, and incidental injuries due to clammy hands, dizziness and burns from hot surfaces.  It is important to understand that it is not only the direct consequences of heat stroke that can be hazardous to workers, but also the indirect results.  “Heat can kill. And it is especially tragic when someone dies of heat exposure because they’re simply doing their job,” noted Dr. David Michaels, assistant secretary of Labor for Occupational Safety and Health.  “We see cases like this every year and every one of them is preventable. Last summer these included a tree care worker in Virginia, a landscaper in Kentucky, a temporary worker on his first day collecting garbage in Texas.”  There have already been several deaths this summer that have been attributed to the heat, including a landscaper from Missouri.  Extreme cases of heat exposure cause death; nonetheless, many workers become severely ill from the heat.  Last summer, there were over 200 reports of workers who required hospitalization after exposure to the heat, and with this recent heat wave, a record number of people have contacted OSHA with questions regarding worker rights and how to respond to the effects of heat.  Continue reading

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You’re at work, lifting a heavy box, when you suddenly feel a sharp pain in your side. Upon further inspection, you find a painful bulge in your lower abdomen. It could be a hernia. What do you do? After a visit to your health care provider, you should consider the cause of your injury. This particular example certainly seems like a “work-related accident,” but is it covered by workers’ compensation?  We have been asked this question a number of times over the years.

What is a Hernia?

When tissue or an organ pushes through weakened muscle, it is referred to as a hernia. There are many different types of hernias affecting everything from the groin to the belly button. The most common hernias include:

  • Inguinal (inner groin)
  • Femoral (outer groin)
  • Umbilical (belly button)
  • Hiatal (upper stomach)

Hernias are often the result of heavy lifting, but certain factors can increase your chances of developing a hernia. For example, obesity and smoking both increase the risk substantially. Even a chronic cough or constipation can lead to a hernia. So how do you prove that your hernia is work related?

How Do I Prove a Hernia is Work Related?

To be eligible for workers’ comp, you have to show that your hernia is a direct result of a work injury. That doesn’t mean it can’t be a pre-existing condition. For example, if you had a minor hernia prior to the on-the-job accident, and the accident aggravated it or made it worse, you may still qualify for coverage. If you believe you’ve suffered a hernia, see your doctor immediately and report the injury to your employer as soon as possible. Your chances of a successful claim will increase if you are prepared.

Presumption Rules for Certain Occupations

Certain occupations, such as police officers and firefighters, are handled a bit differently. In these cases, the responsibility to prove how the injury occurred is shifted to the employer. In these types of jobs, a hernia is presumed to be job related. However, if the employer can prove otherwise, the claim can still be denied. In all workers’ comp cases, there are strict statutes of limitations on when you can file your claim. Don’t delay. Continue reading

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Any type of workplace can be a stressful environment, there’s no doubt about that. But what if the level of stress is abnormally high? What if a life-threatening injury is suffered on-the-job, or a worker gets assaulted by a supervisor or co-worker? Traumatic experiences can result in more than just “ordinary” stress.

Post-traumatic stress disorder is an anxiety disorder that causes an individual to relive the events of a traumatic incident again and again. If you are afraid to go to work, or are overcome by an intense response to traumatic memories from a work-related incident, you may have PTSD. And you may be eligible for workers’ compensation in Massachusetts?

If you have been diagnosed with PTSD, the next step toward collecting workers’ comp is to provide evidence showing the PTSD was caused by a workplace incident. In Massachusetts, mental and emotional disabilities are eligible for workers’ comp. Certain occupations are more commonly associated with high stress and mental health issues, such as PTSD. Examples of these occupations include law enforcement, firefighters, EMTs, and military personnel. Workers in these jobs are more commonly exposed to violent, dangerous, or traumatic situations. But that doesn’t mean you have to be a police officer to be eligible for PTSD-related workers’ comp benefits.

Common Symptoms of PTSD

PTSD is an emotional disorder characterized by a variety of symptoms. The symptoms below are associated with PTSD and can range in duration and severity.

  • Flashbacks of a traumatic event
  • Depression or anxiety
  • Irritability
  • Anger
  • Violent behavior
  • Self-destructive actions
  • Obsessive compulsive behavior
  • Problems with memory and focus
  • Nightmares

PTSD can also result in physical symptoms and sickness. The following medical conditions are associated with PTSD:

  • Severe headaches
  • Stomach ulcers
  • Elevated blood pressure
  • Cardiovascular problems
  • Nausea and vomiting
  • Diarrhea
  • Lethargy and fatigue

PTSD may make an employee unable to work for an extended period of time. For this reason, workers’ compensation benefits may be available. Although MA workers have a right to get workers’ comp for work-related PTSD, the claims process can be highly complex. In addition, obtaining benefits for psychiatric injuries can be especially challenging. Insurance companies are notorious for challenging whether emotional disorders, including PTSD, are actually work-related. Continue reading

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