In a recent and unprecedented MA workers’ compensation case, a hospital employee was injured at work after learning of an upcoming promotion, but cannot receive benefits based on the higher wage. According to an administrative judge, the employee’s promotion was an absolute certainty, and the worker’s comp benefits should be calculated based on the new wage. However, the Department of Industrial Accidents (DIA) reviewing board appealed that decision, stating that, “It is the position held at the time of the accident which governs, not some prospective plan in the future which may or may not come to fruition.”

Massachusetts Workers’ Comp Benefits Traditionally Based on Prior 52 Weeks Average Weekly Wage

The DIA’s decision has prompted a further investigation into the workers’ comp statute and how it addresses such out-of-the-ordinary circumstances. Provisions within the statute allow a hearing judge to deviate from using the employee’s prior 52 weeks in average weekly wage (AWW) calculations when unusual circumstances are present. Unfortunately for this employee, the DIA does not consider this situation to warrant deviation from the traditional rules. According to Administrative Law Judge, William Harpin, “The definition of AWW [cannot] be stretched so far as to cover wages that have yet to be earned in a position not yet held.”

Vikki Harris, a Radiology Service Representative at Partners Healthcare System, had been earning an AWW of $703.56 for approximately one year when she learned of her upcoming promotion to Patient Service Representative. Her new AWW was scheduled to be $730, which was similar to other workers in that position. Less than one week before her scheduled promotion, Harris slipped on a wet floor and fractured her kneecap. The fracture left Harris completely incapacitated and unable to work for months. Although Harris is no longer completely incapacitated, she is still physically unable to go back to work. In this particular case, the employee’s injury prevented her from earning a higher paycheck, but that hasn’t changed the outcome of the ruling.

Under §51 of the MA worker’s compensation statute, a worker’s AWW can be increased if he or she can prove that age or acquisition of skills would have most likely led to a higher AWW on the open labor market. However, according to the DIA, this particular case does not qualify under §51. “A simple promotion well into a career does not qualify as a likely wage increase under this statute,” said Harpin. Additionally, since the initial judge had already determined that Harris was entitled to the higher AWW, he never addressed whether or not §51 applied. Had Harris cross-appealed on such grounds, the outcome may have been different. Continue reading

Employees between the ages of 14 and 24 represent approximately 13% of the work force, according to the Center for Disease Control and Prevention (CDC). This means that at any given time, there is an average of 18 million young employees in the United States. The agency reports that, between 1998 and 2007, hospitals treated approximately 795,000 teenagers and young adults for work-related injuries.

Emergency departments receive visits from workers under 25 twice as often as older workers. In 2012 alone, 375 workers under the age of 24 died in a work-related accident. Of these, 29 were under the age of 18. Lack of experience and safety training, coupled with the types of work pursued, are contributing factors to this higher instance of injury and death. Early careers in food service, agriculture, and hospitality are the most common for this age group, and all of these occupations come with an increased risk. The United States Public Health Service has declared its goal to reduce occupational injury rates among teens by 10%, by the year 2020.

Lifting Objects

Approximately 950 workers’ compensation claims involving musculoskeletal injuries are filed annually in the United States. The most common cause of this type of injury is heavy or repetitive lifting. Many young workers obtain positions that require constant lifting of items such as boxes, construction materials, crates, buckets, and pallets. Grocery store clerks and stockers, employees in shipping and receiving, kitchen workers, and dishwashers are all examples of positions that rely on heavy lifting.

Handling Knives

The food service industry hires a large percentage of teens and college students. Dishwashers and cooks handle many different kinds of knives during the course of a shift. In the retail and grocery industries, clerks and stockers use sharp objects to open boxes. Supermarkets often hire inexperienced youth to operate food slicers. These scenarios have a high potential for cuts, lacerations, and even more severe injuries. Approximately 130 cases of a thumb or finger amputation are reported every year among employees under 24. Annually, an estimated 525 young workers’ compensation claims are a direct result of knife mishaps. Continue reading

A building collapse injured six people in Smithfield, Rhode Island early this morning. The building, which had been under construction at the time of the collapse, is property of Bryant University. The steel framework for the structure had already been installed, and the breakdown occurred when these steel beams collapsed forward. The exact cause and nature of the accident is currently under investigation at this time.

Smithfield Fire Chief Robert W. Seltzer stated in initial reports that the department had received a call from the Bryant University construction site at approximately 8:15 AM. The supervisor of the construction site had alerted authorities after the structure collapsed and trapped six workers under the steel beams. The Smithfield Fire and Police Departments both quickly responded to the call, but upon their arrival they decided to call for additional backup. Authorities responding to the scene issued a Level 1 response, which automatically dispatches 5 additional units to aid efforts at the scene of the accident.

The Smithfield Fire and Police Department were able to successfully free the six workers that had become trapped under the steel structure following the collapse. All six individuals were transported to Rhode Island Hospital with non-life threatening injuries. Bryant University spokeswoman Elizabeth O’Neil issued a statement following the accident indicating that there were no students or faculty present in the area of the collapse and that the university was cooperating in the investigation. O’Neil went on to say that the accident that took place today would not have an effect on the opening day of classes which are slated to start on September 8^th. Continue reading