Articles Posted in Workers’ Compensation

One of the key steps in a workers’ compensation claim is calculating the amount of weekly wages that you earned prior to the accident and the amount of compensation that you may be able to still earn performing different work or light-duty tasks. This figure is used to determine the amount of benefits that you will receive as part of your workers’ compensation support. If the court makes a mistake or uses the wrong information, you could end up receiving less than you actually deserve. For many injured workers, this can have a devastating financial impact on their well-being and family health. Scheduling a consultation with a Boston work injury lawyer to make sure that your rights are protected is one of the best decisions you can make.

Recently, the Massachusetts Court of Appeal issued an opinion in a claim where a full-time public school teacher filed a claim for benefits. The woman hurt her right shoulder performing tasks in her classroom. She informed her supervisors about the injury. Over time, it did not heal, and the pain became more severe until she suffered a severe injury while using a device to cut paper. Despite the injury, the teacher continued her job duties until her retirement in 2010. She reported the paper cutting device injury later in the year.

The teacher filed a claim seeking workers’ compensation benefits, but an issue came up about her earning capacity. The judge determined that the teacher could earn $500 per week. The teacher alleged that the judge assigned a significantly higher earning capacity than necessary and that the record did not include enough evidence to support the finding. The teacher appealed, and the appellate court concluded that the judge made an error. After reviewing the medical evidence in the record and the teacher’s testimony, the appellate court found that there was no change in her condition and that, in fact, her pain persisted.

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There are some occupations that put workers in the face of danger each time they clock in. One of these occupations is nursing, particularly if the job requires the nurse to lift heavy patients and assist them with daily tasks like dressing or bathing. Whether it is a sudden accident or the overall wear and tear that this physical demand puts on their bodies, many nurses find themselves with life-long injuries resulting from their work. Our Boston workers’ compensation lawyers are prepared to assist you in determining whether you are entitled to benefits after suffering an on-the-job injury. Call us now to learn more about your rights.

In a recent opinion, an appellate court in Massachusetts considered whether a nursing assistant who was hurt during her employment was entitled to benefits. On one occasion, she was hurt while lifting a patient who weighed 350-pounds into his vehicle. Additionally, she was involved in two car crashes during her career that required extensive medical treatment. The most recent accident happened in 2011 while she was lifting a patient who weighed several hundred pounds with the assistance of other nurses. As a result of this final injury and the other injuries she had sustained, she ultimately decided she was no longer able to work due to the extreme pain that she felt on a regular basis.

Shortly thereafter, she pursued workers’ compensation benefits, but her employer’s insurance carrier rejected her claim. It argued that there were issues with the connection between the injuries she suffered and her job and that prior injuries were the main cause of her pain. The lower court ruled in favor of the nurse and awarded temporary benefits to the nurse, along with medical expenses reimbursements. During another hearing, the judge once again awarded the nurse more benefit payments, and the insurer appealed on the basis of causation.

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If you are hurt at work, there are many different defenses and classic arguments that the workers’ compensation insurance company may try to assert against your claim for benefits. This can delay your benefit payments and make an already stressful situation even more intimidating. The insurance company could argue that your injury wasn’t related to your work accident, for example, or that you had a pre-existing injury that is the main cause of your pain and suffering. At Mass Injury Group, our team of Boston workers’ compensation lawyers will help you prepare the strongest case possible to ensure that you receive the benefits and medical expenses reimbursements that you deserve.

An example of how insurers often try to fight claims can be seen in a recent claim dispute. In the claim, the employee fell out of his truck backward and suffered painful injuries to his head, shoulder, and elbows. He was unable to go back to work due to the injury and applied for temporary incapacity benefits. Shortly thereafter, the insurance company filed a claim seeking to modify or discontinue the payments that he was receiving each week. It submitted a copy of a report from an independent medical examiner in support of the request. The judge assigned to the claim determined that the employee was temporarily totally disabled due to the injuries and awarded more benefit payments for the employee instead of granting the insurer’s motion.

The insurer appealed the judge’s award of additional benefits. It argued that the judge did not interpret the report correctly and instead only referred to a temporal relationship between the accident and the injuries. The appellate court was not convinced by this argument and concluded that there was more than enough evidence to support a connection between the accident and the injuries that the employee was experiencing. This included post-concussion syndrome, causalgia, post-traumatic head injury pain, and more. The worker also provided testimony describing some of his symptoms, including memory loss, inability to focus, and dizziness. These symptoms matched the doctor’s diagnosis in the report.

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If you work in the healthcare industry, you face dangers on the job every single day. Whether you are a nurse, doctor, or first responder, your job often requires you to perform extremely physical tasks. The stress and repetitive nature of this can really impact your body and well-being. At Mass Injury Group, our Boston work injury lawyers assist individuals who have been hurt at work with understanding their rights to compensation. You do not have to navigate the Massachusetts workers’ compensation system alone. Let us help you during this stressful time.

Recently, the Massachusetts Court of Appeal issued an opinion in a case where a nurse who was injured multiple times throughout her career filed a claim for benefits. One of these injuries included an injury to her back that she suffered when she was trying to assist a 350-pound patient with getting into a vehicle. She also had two auto accidents during her career and was treated for both of them. In 2011, she suffered her final work-related injury. She was helping a 400-pound patient when the injury happened. Although she returned to work the next day, she eventually decided to take a leave of absence because the pain was so severe.

The nurse filed a claim seeking workers’ compensation benefits. The insurer denied the claim on the basis that there was no causal relationship between her injuries and her job, her disability, and more. The judge assigned to her claim awarded her temporary benefits and payments to cover her medical expenses. The parties attended another hearing, and the court awarded the nurse another series of benefit payments. The insurance company for her employer appealed this award and asserted the same defenses to her claim.

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Any work-related injury can be a painful and stressful event for the victim. When the injury also leaves the victim with unfortunate scars or disfigurement, however, the life-long impact is devastating. At Mass Injury Group, our Boston work injury lawyers are prepared to help you fight for the benefits and medical expense payments that you deserve after you were hurt on the job. The workers’ compensations system in Massachusetts can be incredibly overwhelming and difficult to navigate. Consult with one of our attorneys soon to make sure that you are protecting your rights.

In a recent appellate opinion, the Massachusetts Court of Appeal discussed a case involving an employee who suffered a permanent limp as the result of a work injury. The plaintiff filed a claim for workers’ compensation benefits and the judge awarded him over $8,000 for the disfigurement that he suffered due to the limp. The parties both appealed this award. The worker was required to undergo a medical examination from an independent medical examiner, who also prepared a report. The report did not mention anything about the limp but instead stated that the employee did not walk with any kind of obvious limp. The insurance company withdrew its appeal and the only issue left was how much compensation the employee was owed.

But at the hearing to determine compensation, the court concluded that the employee was walking with a limp. When the employee provide testimony, the judge also found him credible regarding the limp that he experienced. The judge also found the insurer’s witness credible, a person who conducted surveillance on the employee, who confirmed that the employee had a limp. After this hearing and taking all evidence into consideration, the court concluded that the employee was entitled to nearly $11,000 in damages for the limp. The judge multiplied the state’s average weekly wage allotment by 10 and considered this to be in the middle range of awards for the disfigurement.

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Getting hurt on the job is a terrifying experience. While you are wondering whether your injuries are permanent, you are probably also wondering whether you are still going to be able to pay the bills as you focus on healing. If your injuries are permanent or long-lasting, you could feel the financial effects of the accident for months or even years to come. At Mass Injury Group, our Boston workers’ compensation lawyers are prepared to help you evaluate your potential claim. There are countless rules and steps that you must take before you are awarded benefits and insurance companies don’t always play fair. Call us today to start protecting your rights.

Recently, the Massachusetts Court of Appeal issued an opinion in a case involving the role of surveillance footage of the injured worker in question. There are many instances where an insurance company will retain a private investigator to follow an injured worker and document them in their daily life to see whether they are really injured or to gauge the extent of their injuries. In the case, the appellate court upheld the lower court’s award of benefits based on surveillance footage that depicted the injured employee out fishing after the work-related accident.

The employee underwent an examination with an independent medical examiner who initially concluded that the worker could still work on a part-time schedule. Video surveillance from the insurance company, however, showed the employee fishing. This made the independent medical examiner change his opinion about the impact of the accident on the employee’s ability to work. The examiner testified after watching the video that the worker should be able to sit and stand for as long as six hours and that he was probably able to work for 30 hours each week. The judge accepted this testimony and awarded medical benefits based on it.

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If you are hurt on the job, Massachusetts’ workers’ compensation laws are designed to provide you with financial support for your missed wages and medical bills. Unfortunately, workers’ compensation insurance companies often try to avoid paying benefits to injured workers based on a variety of defenses. In some situations, for example, the insurance company for your employer may try to avoid paying for certain expenses on the basis that the injury was not part of your work-related accident. The dedicated Boston workers’ compensation lawyers at Mass Injury Group are standing by to help you protect your rights.

A recent claim dispute highlights how insurers sometimes try to avoid paying benefits. The employee was hurt when he fell backward out of his delivery truck. he suffered injuries to his head, shoulder, and elbow that prevented him from returning to work. He filed a claim and received temporary incapacity benefits for his injury. The insurance company filed a claim to modify or discontinue the benefits that the employee was receiving. In support of this request, it included a copy of a report from an independent medical examiner who had examined the employee. The judge, however, concluded that the employee was suffering a temporary total disability as a result of the fall and awarded benefits.

The workers’ compensation insurance carrier appealed this decision. It first argued that the judge should not have relied on aspects of the report that made a temporal connection between the fall and the injury that the employee suffered. The appellate court did not agree, however, and instead concluded that there was enough information to show that the employee had suffered post-traumatic head pain, causalgia, post-concussion syndrome, and other injuries as a direct result of falling out of his delivery truck. The employee had also offered testimony at trial about his issues with memory loss, inability to focus, vertigo, and more. This testimony matched up with what the doctor wrote in the report.

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In a workers’ compensation claim, evidence plays an important role. There are many different types of evidence that can be considered, including doctor’s exams and testimony from the injured worker. This information is used to help the judge assigned to your claim to determine whether you are entitled to benefits and the amount of benefits that you should receive. Although this sounds straightforward, there are often disputes about the types of evidence that a judge should consider and whether the judge had enough evidence to support his or her final ruling. The Boston workers’ compensation lawyers at Mass Injury Group are available to assist you with learning more about the claims process and whether you are entitled to compensation.

In a recent case, the Massachusetts Court of Appeal was asked to evaluate a claim in which the injured worker suffered an elbow injury while working as a flight attendant. She was unable to work in a full-time capacity for 18 months. At that time, she stopped working due to the pain. She filed a claim for medical expenses reimbursements, but the insurance carrier for the airline denied on the basis that there was an issue with causation. The insurer argued that the medical treatment and elbow injury were not directly related to her job duties as a flight attendant. The judge presiding over the claim disagreed with the insurer and ordered it to pay for the medical treatment. The insurer appealed.

As part of the process, the worker was required to undergo a medical examination from a neutral doctor. The insurer then accepted liability for the accident. The doctor stated in the resulting report that the worker was suffering from the aggravation of an underlying degenerative disk disease as well as other injuries and symptoms. The report noted that the repetitive tasks that the worker performed were the entire cause of some of the medical issues that the worker was experiencing.

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If you suffer an injury at work, you may be given prescriptions for different medications to help you recover and to treat your conditions. The workers’ compensation system in Massachusetts is designed to give employees who are injured on the job weekly benefits to cover their missed wages as well as reimbursements for medical expenses related to their work injury. Even though this mandate is clear, many insurance companies try to deny claims for medical expense reimbursements. The seasoned Boston workers’ compensation lawyers at Mass Injury Group are ready to help you fight for the fair treatment that you deserve.

A Massachusetts Court of Appeal recently considered a matter in which the insurance company was appealing from a lower court order stating that it was required to pay benefits and medical expense reimbursements. The medical prescriptions included ibuprofen and Topamax. According to the insurance company, the lower court judge did not appropriately evaluate whether there was a causal connection between the treatment prescribed and the alleged work injury. It also alleged that the lower court judge did not correctly characterize evidence offered at the hearing about whether the worker was obese.

The worker suffered an injury while he was at his company’s cookout party where he slipped and injured his left knee. Although he was willing to continue working and tried to do so, he was eventually forced to stop. He ended up undergoing a number of surgeries to his ankle and knee. The insurer argued that the employee’s obesity should be viewed as a pre-existing condition. The lower court eventually awarded benefits and medical reimbursements to the employee. The insurer appealed.

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There are many steps to recovering workers’ compensation benefits and each one is important. One of these steps involves calculating the average amount of weekly wages that the injured worker earned. This calculation is then used to determine the amount of benefit payments that the worker will receive under the Massachusetts workers’ compensation system. If your average weekly wage is calculated incorrectly, you may find yourself receiving a much smaller benefits payment than what you are actually entitled to receive. At Mass Injury Group, our seasoned team of Boston workers’ compensation lawyers is prepared to help you ensure that you receive the fair outcome that you deserve.

In a recent claim, a Massachusetts Court of Appeal considered a challenge to whether an average weekly wage was calculated correctly. The employee appealed a ruling after a hearing that required the Workers’ Compensation Trust Fund to provide weekly benefit payments to the worker in the amount of $301.37, based on an average weekly wage calculation of $502.28. The worker filed a claim for benefits after suffering an injury while working as a painter. He painted houses during the warm months constituting roughly six months and was employed simultaneously as a worker at a restaurant. The employee challenged the order on the basis that the judge did not perform the average weekly wage calculation correctly.

The parties entered into a number of stipulations regarding the claim, including a stipulation that the employee was employed concurrently at the restaurant job performing 15 hours of work and earning roughly $226 weekly. During the hearing, the judge calculated the worker’s average weekly wage for his painting job by dividing the amount he earned over a 52-week period instead of only dividing it over a six-month period constituting the time that he actually worked.

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