Case law in Massachusetts tells us that an injury may arise in the course and scope of an Employee’ s employment, even though the Employee is not engaged in the actual performance of his duties at the moment of the injury. The obvious question is, how? ”All that is required is that the Employee’s activity be …
Contagious Diseases and Workers’ Compensation Law
By Steve Zoni, Esq.10/22/14 ‘ The Boston Globe recently ran a story titled ‘Mass. Nurses worry about Ebola preparedness’ after two healthcare workers in Texas were diagnosed with Ebola that they contracted while caring for a patient who carried the virus. The Globe quoted Donna Kelly-Williams, President of the Massachusetts Nurses Association, as having noted …
What is M.G.L. c. 231 60L and How Does It Apply to a Medical Malpractice Claim
When filing a new lawsuit, one must keep the above law in mind. In short, we call this ’60L Notice.’ Anyone intending to file a claim for Medical Malpractice in the Commonwealth of Massachusetts must give written notice of (6) six months (182 days) to each health care provider, entity, and corporation intended to be …
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Do you need or use a wheelchair, van, or other mechanical device as a result of a work-related injury?
When determining whether a mechanical device, such as a wheelchair, or specially equipped private transportation is compensable, and the responsibility of the Workers’ Compensation Insurance Carrier, the Commonwealth of Massachusetts will evaluate your case based on a three-prong approach. PRONG #1: ” ” Whether the accepted work injury is in any way related to the …
Ford Should Worry About Defective Cars, Recalls and Fines Less About The Attorneys Who Are Protecting The Public
The other night, a Ford commercial ran repeatedly throughout the basketball game. Within the ad for the Ford Fusion, the narrator provides a subliminal message. The language in the add is ‘You never know what might be out there. The ambulance racing by, the ambulance chaser chasing the ambulance’. It’s 360 degrees of chaos’. The …
What is Average Weekly Wage?
When an injured worker misses time from work, workers’ compensation laws provide a system of wage replacement. In other words, workers’ compensation insurance companies must pay the injured workers a percentage of his or her former wages. It is often said that workers’ compensation is meant to compensate injured workers for having lost the ability …
1.4M RECOVERY FOR CLOSED HEAD INJURY AFTER WORKER FELL OFF A LADDER WHILE PUTTING UP SHEETROCK IN AN OPEN STAIRWAY.
A 50-year-old carpenter was employed installing sheetrock at a construction site. Plaintiff was working in a staircase with a co-worker who was passing the sheetrock down to the Plaintiff from the floor above. The Plaintiff fell off the ladder and onto the mid-floor landing below sustaining head injuries and a fractured wrist. The precise manner …
Sole Proprietors Are Not Always Covered Under Workers Compensation Law
If you or someone you know owns their own business in Massachusetts, it is important to know several things regarding Worker’s Compensation coverage. Sole proprietors and partners in a partnership are not automatically covered under worker’s compensation insurance. A recent Department of Industrial Accidents decision denied coverage to a man who operated a home construction …
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