Workers in Massachusetts attend their place of employment everyday in order to make a living to support themselves as well as their family. If a workplace accident occurs and an employee is seriously injured, the employee might require time off to fully recover from the injuries suffered. Our law firm understands that a workplace injury can be costly to recover from and wages lost during recovery could put huge financial burdens on the injured employee. Suffering an injury or illness in the workplace could lead to emotional, physical and financial hardships, and employees should understand their rights regarding workers' compensation.
Workplace safety is important to both employers and employees in all types of occupations. While the health and safety of employees should always be a concern, some occupations present more risks and dangers than others. For construction workers, everyday they face potential risks that could result in a workplace accident.
While it is obvious that employees across the state of Massachusetts face various types of risks and dangers in the work environment, some on-the-job injuries are not so obvious. Even when a job is not inherently dangerous, such as construction or those involving heavy machinery, all work environments could present dangers. This is why all employees should be aware of the dangers their workplace could present.
When a Massachusetts resident is injured on the job, that person has two options for recovery. In many situations, an employee may take their employer to civil court to sue to recover for any injuries they suffered. For a party to recover in a civil court they must prove their case by a preponderance of the evidence, a threshold not everyone can meet. Unlike cases in a civil court, however, workers' compensation claims don't require a showing of fault for compensation to be granted. Besides suffering from a workplace injury, the Massachusetts resident must be an employee of an employer that has worker' compensation insurance.
When residents of Massachusetts think of worker's compensation, they envision a very serious or life threatening injury, such as a brain injury or the loss of an arm or leg. Although, worker's compensation was made for just those types of devastating injuries, there are a whole host of other ailments that fall under the umbrella of worker's compensation. Massachusetts residents can file a workers' compensation claim for everything from catching an illness working at a health care facility, mental stress or suffering from a repetitive strain injury.
By their nature, worker compensation cases occur at the most venerable time in a Massachusetts resident's life. Being unable to work often times means no income, forcing a person to rely on their savings. Having a worker compensation claim disputed can force an injured worker to exist in a sort of limbo, where they can longer work and are not able to get assistance from the programs created to help people in their situation.
It is the employer's insurance company that makes the decision on whether to approve or deny a worker's compensation claim. As such, not every person who applies for workers compensation will be approved. Although there are valid denials of benefits, sometimes the system gets it wrong.
Workers compensation is a form of insurance that covers employees for job related injuries and illnesses. The specifics of a worker compensation plan are determined by the state and each state has a different spin on workers compensation. In Massachusetts workers compensation is governed by the Department of Industrial Accidents. There are several types of compensation and benefits available through workers compensation plan. One of the most commonly applied types of benefits is incapacity benefits. Incapacity benefits can be broken down into three categories; temporary total, partial, and permanent and total incapacity benefits.
Workers' compensation is a relatively new idea in the legal world. In the 1800s, states passed a series of laws which allowed employees to sue their employers for damages if they were injured while on the job. In these cases the employee had to prove negligence in order to recover any damages. By 1949, decades after a U.S. Supreme Court paved the way, all U.S. states had enacted a modern version of the workers' compensation law. These new laws waived the requirement that the employee prove negligence to recover for their injury.
The United States is a land of laws, which, for the most part, govern how individuals behave in society. But like any rule, the law is full of loopholes, special circumstances and gray areas that people exploit to their benefit. This has allowed people to entrap and enslave others, all under the guise of giving them a job. One career of prominence that is ripe with the abuse and misuse of people is that of domestic workers. Not only must domestic workers make do with low wages and high levels of work, they must do so in sometimes uncomfortable and degrading situations.