Articles Posted in Workers’ Compensation

Most people know that the workers’ compensation system provides benefits and medical expenses reimbursement for injuries that happen at work. Many individuals mistakenly believe that this only covers physical injuries, when in reality Massachusetts’ workers’ compensation system covers psychiatric injuries as well. Our Boston workers’ compensation lawyers are standing by and ready to assist you with asserting your right to benefits.

Recently, a Massachusetts appellate court discussed a claim involving a psychiatric injury. The claim involved a number of hearings regarding the psychiatric injury that he sustained while he was working as a mechanic aide. The aide worked for a company that provided general maintenance services for an apartment complex, and his employer asked him to enforce the facility’s non-smoking requirement. The man testified at the hearings that he was subjected to serious harassment and confrontations when he would attempt to enforce the policy.

After the first hearing, the judge concluded that the man suffered from serious anxiety as a result of his job duties and that he was disabled. The judge also concluded, however, that the man was not disabled from performing other job duties. As a result, the judge denied the worker’s claim for benefits. He appealed, and the decision was affirmed. After another appeal, the appellate court concluded that the man sustained a total disability as a result of the harassment and confrontations and concluded that he was due full benefits until he could enter another occupation.

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The construction industry faces some of the highest rates of workers’ compensation claims, which is unsurprising considering how demanding and dangerous this work can be. As seasoned Massachusetts workers’ compensation lawyers, we have guided numerous industrial workers through the process and helped them maximize their recovery.

In a recent decision from a Massachusetts appellate court, a construction worker was employed by the city highway department as an operator of heavy equipment. He injured his back in 2008 while using a device known as a jumping jack compactor. One year after, he reported another injury when he drove over a pothole while operating a road paver. According to the man, the impact caused him to jump out of his seat. He requested workers’ compensation benefits and the judge ordered his employer’s insurance agent to provide total incapacity benefits.

Due to his injuries, the worker was prescribed a surgical lumbar fusion operation and the judge resultingly deemed the claim medically complex. while the insurer accepted responsibility for the first injury using the jumping jack compactor, it denied liability for the second accident affecting the worker’s lower back.

A hearing was held to determine whether the insurer should compensate the man for the second surgery. The employee testified regarding his job duties and the accidents, and evidence was offered to support his testimony. The judge concluded that based on the man’s testimony regarding his pain and limitations, restrictions, background, training, vocational experience, and age he was permanently and totally disabled. The judge included medical reports and testimony regarding the spinal fusion’s direct relation to the injury.

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If you seek workers’ compensation benefits, the insurer for your employer is typically the company that handles the claim. This can be incredibly difficult, especially if the insurer does not play by the rules and attempts to avoid paying benefits and medical expense reimbursements that you need and deserve. As seasoned Massachusetts’ work injury lawyers, our team has helped countless individuals fight for their right to coverage after a devastating work injury.

In a Massachusetts court decision that came down recently, an insurance company appealed a lower court’s order requiring the company to provide permanent and total incapacity benefits to an injured worker, in addition to payments for bodily disfigurement totaling $15,000. The court additionally awarded the worker reasonable medical expenses stemming from the injury and allowed the worker to seek reimbursement for a motorized chairlift in her home.

The injury occurred when the employee was working in a school system as the person who prepared and handed out food to school students at lunch. She was cleaning the cafeteria facility when spilled food caused her to slip and fall. Her right leg was struck when she fall, resulting in a serious injury. Although she tried to resume working, she was ultimately required to go home because of the pain. A medical examination revealed that she suffered a serious ankle sprain and contusions.

The insurer appealed the award of benefits, identifying several errors. First, it claimed that the lower court made inconsistent findings, mischaracterized evidence that the independent medical examiner provided, relied on supplemental medical evidence to challenge the medical examiner’s opinion, and failed to perform a suitable analysis of the ultimate cause of the woman’s injury.

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When you file a workers’ compensation claim, your employer’s insurance company will usually be the entity that represents your employer throughout the claims process. In many instances, an insurance company will try to avoid paying benefits to an injured worker, or make decisions that don’t have your best interests in mind. As knowledgeable Boston workers’ compensation lawyers, we can stand by your side and ensure that you receive the fair treatment that you deserve.

In a recent appellate opinion, the insurer challenged a lower court decision awarding total incapacity benefits to an employee. The worker was injured as a union laborer in a series of accidents that spanned a 10-year period. The insurer accepted the worker’s claim for each accident and paid a lump sum settlement for each claim. In 2004, the worker returned to work at full capacity despite warnings from his doctors that doing so would likely result in further injuries. The man stated that he suffered moderate pain but that he took methadone and other medications on a daily basis to manage his symptoms. He also stated that he tried his best to avoid the most stressful and physically challenging jobs.

In 2012, the man reported another back injury and said that it occurred when another employee dropped a piece of construction material on his back. He was not able to return to work due to the pain, despite a note from his physicians clearing him for light duty work. The insurer did not accept liability for the claim, arguing that his claim was barred under a provision of Massachusetts’ workers’ compensation laws stating that an employee cannot recover compensation when the employee was injured as a result of his or her own willful and intentional conduct. The insurer alleged that since the man’s doctors had informed him that returning to work in full capacity would result in injuries, the man was acting willfully and intentionally. The insurer also argued that as a result of the man’s four prior injuries, he had actual knowledge that there was a substantial risk that he would suffer an injury if he returned to work against the doctor’s advice.

If you have pre-existing medical conditions, seeking benefits after a work injury can be complicated. Insurance companies will often argue that your injuries are results of a pre-existing condition and try to deny coverage for your work-related accident. As seasoned Massachusetts workers’ compensation lawyers, we are standing by to help you pursue the outcome that you legally deserve.

A recent appellate decision from a Massachusetts court highlights the importance of considering pre-existing injuries when filing a claim for benefits. The worker was employed in a position that was largely dedicated to administrative tasks. The position required him to occasionally restrain youths who engaged in violent outbursts. The man suffered an injury during an instance in which he was attempting to restrain a violent youth. He suffered a torn rotator cuff in addition to a lower back injury as a result of the incident.

The worker filed a claim for workers’ compensation benefits in addition to seeking reimbursement for his medical expenses. As part of the claims process, the man underwent an examination by an independent medical examiner. The man also underwent surgery for his back and surgery for his torn rotator cuff.

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There are many different ways that a work injury can take place, including a car accident while on the job. Many individuals are required to drive as part of their work duties, and they are just as susceptible to being involved in a crash as other individuals on the roadway. Our seasoned team of Boston workers’ compensation lawyers has handled numerous work-related car accident claims, and we are prepared to help you fight for the benefits that you need and deserve.

In a recent decision by the Department of Industrial Accidents in Massachusetts, a man was injured in a car accident while he was working. He was tasked with transporting a large section of equipment on a tractor trailer to another job site. The vehicle that he was driving was struck by another truck, and he required extensive medical care following the crash.

The man applied for workers’ compensation benefits, and he was seen by an impartial medical examiner. The examiner determined that the worker was able to perform some part-time job tasks, subject to limitations. At the worker’s deposition, the insurer offered videotape footage showing the man fishing. After this, the medical examiner determined that the man was able to sit and stand for multiple hours and that he could work for 30 hours each week.

There are some Massachusetts workers’ compensation claims that are relatively straightforward and that involve injuries that heal over time. In other, more complex situations, an injured worker requires a lifetime of care after suffering an accident on the job. At the Law Office of Michael O. Smith, we have repeatedly assisted individuals throughout Boston with ensuring that they receive the full amount of compensation and benefits that they deserve after a debilitating and enduring work injury.

In a recent appeal, the Massachusetts Department of Industrial Accidents discussed whether an employer was liable for long-term care for a worker who was injured on the job. The employee was hurt when he was working as a custodian. He was working on a hot tar roof at the time the injury occurred, and he reported suffering severe blisters and burns on his left foot. He was treated immediately for these injuries, but he indicated that he still suffered serious medical consequences as a result of the incident. These included ulcers, repeat infections, and other injuries in his left foot.

The man filed a claim for workers’ compensation benefits. The judge approved the claim and deemed the worker entitled to temporary incapacity benefits. He also provided compensation for depression that the man reported suffering as a result of the injury. After these benefits were awarded, the medical professionals treating the man determined that the amputation of his left toe was necessary. Eventually, they amputated his left leg from the knee down. The employee applied for a lump sum settlement of his workers’ compensation claim, which the presiding judge approved. The employer did not contest liability for the amputation or the depression. The Massachusetts Workers’ Compensation Fund provided reimbursement for 67 percent of the expenses that the employee incurred for his medical treatment.

When you are injured at work, you can file a claim for workers’ compensation benefits. Massachusetts law requires certain employers to carry workers’ compensation insurance, which means that an insurance company will typically be the entity that handles your claim. This can create some headaches, especially considering that most insurance companies do not have injured workers’ best interests in mind. The seasoned Boston work injury lawyers at the Law Office of Michael O. Smith are prepared to help you fight for your right to compensation following a work injury.

The Massachusetts Department of Industrial Accidents recently decided a case involving an insurer’s refusal to pay benefits to an injured worker. The woman in the case was working as a certified nursing assistant when she fell down a staircase at work. The insurer that her employer was using at the time of the accident accepted liability for the claim and paid total incapacity benefits. The worker then received treatment for her injury, which the insurance company also covered. The woman next indicated that she was suffering pain in her right shoulder and attributed it to the fall.

The woman later discontinued working, and the insurer stopped paying benefits. Some time later, she decided to resume working and accepted a job as a certified nursing assistant, but she was only able to work for a few days because she found the requirements of the job to be too demanding based on her disability. She also took a job providing private in-home care, but she discontinued this position as well.