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North Andover Workers' Compensation Law Blog

Gas employee hit by car might need workers' compensation

In Massachusetts, many workers are required to be in the road to do their jobs. This is true for maintenance workers, sanitation workers, construction employees and gas and energy workers. These people are putting a significant amount of trust in drivers who are passing by that they will adhere to the rules of the road and do everything possible to keep these workers safe. However, there can be accidents and when a worker is hit by a car, it can cause severe, life-changing injuries and death. Workers and their families must not only think about the medical care and treatment, but they must also consider the future of their employment and how they will make ends meet. This is where workers' compensation is critical.

According to recent reports, a 50-year-old worker for National Grid was seriously hurt when he was hit by a car. He was in the road to mark underground utilities to prepare for a construction project when a vehicle hit him. It was around 10:30 a.m. The 60-year-old driver was in a 2015 Nissan. Witnesses gave the worker CPR. The driver of the Nissan was also hospitalized. The company is still trying to determine the circumstances of the accident. The law enforcement investigation is continuing.

Sometimes, you can sue your employer and get workers' comp, too

Getting hurt at work is a nightmare for a working professional. It can mean time off of work, filling out lengthy accident reports and lost income, to say nothing of the pain and stress of dealing with the injury. Although people in certain professions, like construction or medical care, are at higher risk than others, injuries and illnesses can result from just about any career path or work environment.

If you get hurt on the job, you will likely wind up worrying about how to pay your bills and get the medical care you need to return to your job. In some cases, you may have to face the terrifying reality of not being able to return to work in the future, which can mean significant financial hardship for you and the people you love.

How does workers' compensation cover scarring and disfigurement?

In Massachusetts, worker injuries can range from minor to fatal. There are many variables in between and those who have suffered certain types of injuries should understand how workers' compensation addresses the injury and provides them with benefits. For people who have been scarred and suffered a permanent loss of function with disfigurement, it is wise to understand how they can receive benefits for and how long the benefits last.

Workers can receive benefits for scarring, permanent loss and disfigurement if they have suffered an injury due to their work or became ill and they have a permanent loss of use or ability to use bodily functions, are scarred or disfigured. To receive benefits under this section, the scars must be on the hands, neck or face.

Massachusetts workers’ comp laws include undocumented workers

You have a right to worker’s compensation if you are injured or become sick because of your job. Massachusetts law guarantees it. Your employer must insure you for job-related health problems.

You may have heard of a recent case of an employer violating this right and trying to use immigration authorities to avoid his responsibility to insure his employees. Because it apparently violates the law so blatantly, the case became a major controversy, with the Boston mayor and the U.S. Department of Labor taking the side of the injured worker.

Workers' compensation could help injured construction worker

According to recent reports, a construction worker was injured and needed to be flown to a trauma center after an on-the-job accident. The accident occurred shortly before noon. The male worker was taking part in a construction project when a construction trailer crashed into him. The trailer was on a truck and was in the process of being unloaded. Emergency personnel needed to extricate him from the trailers as he was trapped between them. The injured man had been driving one of the trucks to bring the equipment to the site. The accident is believed to have happened when the trailer came loose from its rigging. The man's injuries were reportedly serious. The case is being investigated by local and federal authorities.

A construction accident is one of the most common causes for workers' compensation claims. Falling from a ladder, a scaffold or a great height can cause broken bones, brain trauma and spinal cord damage. Those who are working in a trench can be injured when the trench collapses. There can be an explosion or fires. Toxic substances are sometimes needed as part of the project and people can become injured from these as well. And, there is the chance of being hit by a vehicle or injured by a tool. The short and long-term impact of such an incident can be physically, personally and financially catastrophic. Workers' compensation benefits can help with paying for treatment and ensuring the worker can make ends meet during the recovery. If the damage is permanent, workers' compensation benefits can help with that too.

What should I know about a lump sum in workers' compensation?

In Massachusetts, workers' compensation benefits can be a complex issue that leaves injured workers wondering how their case will be resolved and when the benefits will commence. After the worker has been hurt or become ill, rather than go through the process of seeking or receiving incremental benefits, some prefer to take a lump sum to settle the case to move forward. When considering this alternative, it is imperative to fully understand all the factors that accompany a lump sum settlement. Before agreeing to anything, it is critical to have legal advice.

With a lump sum, the worker, the employer and the insurer will agree to a one-time payment to replace weekly workers' compensation and other possible benefits. It will be up to the judge to decide if the agreement is in the worker's best interests. It is sometimes unwise to take a lump sum, so it is important to consider the value of the lump sum vs. possible benefits. For those injured on or after Nov. 1, 1986, a lump sum eliminates the right to future weekly benefits. However, if the insurer agrees that it must pay, any injury or illness that is causally connected to the original injury or illness will be the insurer's responsibility.

What are the rules for workers' compensation medical benefits?

When Massachusetts workers are injured on the job or become ill because of the work they do, they should be aware of the various workers' compensation benefits available to them. There are rules for all benefits they are owed and it is important to understand and follow them to maximize their potential benefits.

In some cases, disagreements arise between the worker, the employer and the insurer as to how injured or ill the worker is. To get medical benefits, the worker must have suffered an injury or illness because of their work and the condition requires medical care. The worker can receive reasonable medical care that is appropriate for their condition. They can also be reimbursed for the cost of prescriptions and mileage expended to visit their doctor.

Wall collapse injures several construction workers

Wall collapse is a constant hazard on construction sites throughout Massachusetts. Collapses often occur without warning, and workers near the wall can suffer serious injuries before they know what has happened. A recent wall collapse on a Lynn, Massachusetts, construction site trapped about 20 workers and caused serious injuries to several of them.

Lynn police responded to a call from an apartment building construction site. They found that about 20 workers had become trapped when a large section of reinforcing steel (rebar) fell on them. Many of the workers were able to extricate themselves without assistance, but four or five were still pinned inside the wreckage when police arrived. One worker was trapped under the rebar and could not free himself. Firefighters used a saw to cut through the reinforcing rods. The man was conscious and alert when he was freed but suffered severe injuries. He was airlifted to Massachusetts General Hospital, but no details on his condition were released.

Man killed in accident at stoneware plant

Workers who handle heavy objects are always at risk that such objects will fall on them and inflict serious injury or death. Such accidents occur at many types of workplaces, including construction sites, factories and warehouses.

Recently, a Massachusetts man was killed in a workplace accident when a slab of marble fell on him in a tragic accident at a stonework plant.

Mental disorders and SSDI benefits

Many people in the Boston - North Salem area suffer from sharp mood swings that can interfere with their ability to carry out the functions of their job. The victims of this ailment may have difficulty earning a living because they are unable to hold steady employment. If the disability were caused by a physical malady, these victims would most likely not hesitate to apply for Social Security Disability Insurance benefits. When a mental disorder is the cause of the disability, however, victims are less likely to seek federal assistance. While a mental illness is difficult to diagnose and verify because it rarely presents objective symptoms, these disorders are nevertheless eligible for SSDI benefits if the basic eligibility requirements are met.

The disability must first be diagnosed as permanent or expected to last at least 12 months. The illness must also prevent the victim from engaging in substantial gainful activity. Substantial gainful activity is defined as the inability to earn more than $1,220 per month. The Social Security Administration has listed eleven types of mental disorders that can serve as the basis for disability benefits. The disorders range from neurocognitive disorder, schizophrenia, bipolar disorder to eating disorders.

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Torrisi & Torrisi, P.C.

Torrisi & Torrisi, P.C.

Torrisi & Torrisi, P.C.
555 Turnpike Street
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North Andover, MA 01845

Phone: 978-291-6161
Fax: 978-682-3330
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