Articles Tagged with Boston attorney

Published on:

After an Employee is injured on the job, their day to day lives are often thrown into a tailspin. As if being injured and unable to work isn’t stressful enough, most employees are left with the burden of figuring out their finances, attending doctor’s appointments, and being buried in paperwork. Often times, employees rely on and trust their adjusters to help them get through this tough period; unfortunately, adjusters and insurance companies are usually more interested in protecting their own interests. During this difficult time, most employees will receive a Form 105, “Agreement to Extend Payment Without Prejudice Period” in the mail. This form will also be accompanied with a letter that indicates that the employee has been “approved” or “could be paid for up to a year” if they sign the form. This letter is meant to mislead the employee and make them feel as if the form is in the employee’s best interest. It’s not.

Signing the Agreement to Extend 180 Day Payment Without Prejudice Period form can have an extremely negative impact on an employee’s claim. At first glance, the form seems harmless and possibly beneficial to the employee; however, by signing this form, the employee is giving up his or her legal rights — and it may allow the insurer to legally terminate benefits. It may also put the employee in a position where they could go months without benefits while waiting for a court date.

In every case, during the first 180 days from the first date of disability, the insurer is allowed to stop payments to the employee without obtaining approval of the Department of Industrial Accidents or the consent of the employee. The insurer is required to give the employee seven days written notice of the termination benefits.

Published on:

Have you been injured at work? Do you believe that your Employer may be at fault for your work injury? Pursuant to M.G.L. c. 152, § 28, if an employee is injured by reason of the serious and willful misconduct of an employer, or of any person regularly entrusted with and exercising the powers of superintendence the amounts of compensation provided shall be doubled. You may be entitled to double your Workers’ Compensation benefits if your employer or supervisor was at fault for your injury.

In Massachusetts, serious and willful misconduct involves conduct of a quasi criminal nature, the intentional doing of something either with the knowledge that it is likely to result in serious injury or with a wanton and reckless disregard of its probable consequences¹” An employer must intentionally do the act, but he also must have reason to know that his actions create an unreasonable risk of bodily harm.

Section 28 generally arises when an Employer or supervisor fails to comply with State mandated, or Federally mandated safety regulations, or when the Employer is aware of a serious risk of injury on the job and fails to take the appropriate measures to correct it, and/or warn of it. For example, in one case, the Massachusetts court found serious and willful misconduct consisted of a crew foreman ordering the employees into a trench without proper shoring precautions, contrary to the instructions of the general foreman, despite the observable conditions at the job site, the readily available shoring material, and the employee’s warnings and requests for shoring². When an Employer knows of potential dangers on a job site, and fails to warn of them or correct them, then the Employer can be held responsible for an Employee’s injury as a result of those conditions under Section 28.

Published on:

Perhaps you voted yes on Question 4 on the state ballot on November 4, 2014 when voters passed a new sick leave law, and perhaps you’re wondering: “What now?”

Starting on July 1, 2015, employees who work at an employer that has 11 or more employees will have 40 hours of unpaid sick time each calendar year. Employees will be able to use sick time and miss work for reasons such as (1) caring for their child, spouse, or parent who has a physical or mental illness, (2) to handle their own illness, (3) to attend a routine medical appointment for themselves or a family member, or (4) to deal with the psychological, physical, or legal effects of domestic violence.

Employees do not receive 40 hours of sick time at the start of each calendar year. Instead, most employees will earn and accrue one hour of sick time for each 30 hours working. If an employer already provides paid sick time to its employees, the new law does not require an employer to provide additional time off so long as the existing policy allows employees to take time off for the same reasons outlined in the new law. When an employee leaves his or her job voluntarily or is fired, unlike accrued vacation time, an employer is not required to compensate an employee for accrued but unused sick leave. Importantly, the new law prohibits employers from retaliating against an employee who uses sick time under the new law or supports a co-worker for doing so. That means an employer cannot fire or demote an employee for using sick time under the new law.