Articles Posted in Worker’s Compensation

Record gains in multifactor productivity mean American workers are doing more with less — a work environment that often increases the risk of a serious or fatal Boston work accident.

The Bureau of Labor Statistics reports multifactor productivity increased by .7 percent in 2009, the fastest rate of growth in five years. Multifactor productivity measures the change in output versus combined input of labor and capital. In other words, employers are getting more out of workers, for less expense, than at anytime since 2005.

In fact, both capital improvements and labor input experienced the largest decline since reporting began in 1987. The associated increase comes from the fact that remaining employees did more with less than ever before.

Of course, it is no secret that employers have cut staff and are delaying capital improvements until an economic recovery is certain. Nor should it comes as a surprise that when investment in plant and equipment is delayed in a work environment where employees fear the threat of layoffs or downsizing, the risk of a Massachusetts work accident increases even as employees feel more pressure to let small accidents go unreported.

When an employee is injured on the job, consulting a Massachusetts workers’ compensation lawyer is the best option. Rules are in place to prevent an employer from retaliating against an injured worker. And failing to report a work accident can prevent you from making a claim in the event that your injury becomes more serious months, or even years later. The tragic irony is that properly reporting a work accident, and seeking access to a qualified attorney, can actually increase your job security while recovering from an injury. Tragically, workers who fear losing their job often choose keeping their mouth shut and their head down and thus lose the ability to protect themselves and their families from economic loss associated with a work accident.
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Employers in Massachusetts added jobs in July for the sixth straight month, outpacing much of the rest of the country, the Boston Globe reported.

Our Massachusetts workers’ compensation lawyers hope the economic recovery continues. Our concern through much of the downturn has been reductions in workforce that can include workplace safety personnel and a general reluctance on the part of employees to report work injuries in Massachusetts or to otherwise do anything that might jeopardize their employment. Laws are in place to protect workers against retaliation for reporting a work accident. Failure to report an accident can result in an inability to collect damages if your injury later becomes serious and involves lost work time or even a disability claim.

Speaking with an experienced work accident lawyer in Boston is always the best course of action to protect your rights and the financial well-being of you and your family.

As the economy recovers, it will be equally important that new workers receive the proper safety training and understand their rights to a safe workplace and to proper compensation in the event of a serious or fatal work accident. Like those clinging to jobs during the recession, new workers may be particularly reluctant to file a work accident claim when an injury arises in the course of their employment.

Again, properly documenting an injury is absolutely critical and laws are in place to prevent an employer from retaliating. Of course, those laws are often only enforceable when an employee asserts his or her rights by contacting an aggressive and experienced law firm.

Massachusetts added 13,000 jobs last month, following the 3,000 jobs the state added in June. The unemployment rate now stands at 9 percent. State employment has increased despite an overall loss in jobs in the nation as a whole during the last two months.

Nationally, jobless claims hit 500,000 last week for the first time since November, according to the U.S. Labor Department.

Massachusetts employment is rising at a rate of 4 percent so far this year, compared to 1 percent nationwide.
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A 30-year veteran of the Boston Globe has lost his fight for protected status as a handicapped employee after a 10-year fight that resulted from a work injury.

The assistant press foreman for the Boston Globe slipped on oil on the printing floor and was seriously injured. The employee had spent 25 years with the Globe.

Beginning as a substitute paper handler, he worked his way through the ranks before being named assistant foreman in 1997. In that position, he was responsible for loading and operating the presses to produce the newspaper; a position that frequently required climbing up and down the enormous machines.

The employee was placed on extended medical leave and was off work for most of the following 18 months as he underwent multiple surgeries on his shoulder and knee. In accordance with company policy, the Globe continued to pay the employee his full salary, and in return the employee submitted his Massachusetts workers’ compensation payments back to the company.

He returned to work in June 2003 with a note from his physician that he was limited to no more than 5 hours of work per day. The employee claims the foreman and an assistance foreman derided him over the limited work hours. But he continued to work part of the reduced schedule for about 6 weeks. However he could not maintain the schedule because of pain and ultimately took another leave due to workplace injury.

A month later, after being examined by a physician for the Globe’s workers’ compensation insurer — who found the employee was too injured to work — he was fired for failing to remit worker’s compensation payments to his employer.

After several knee surgeries, the employee requested a light-duty position with the Globe and was denied. The employee then filed a complaint with the Massachusetts Commission Against Discrimination, which was dismissed for lack of proof.

He then filed a court complaint alleging employment discrimination.

A judge granted a motion by the Globe to deny all claims. The appeals court upheld the dismissal of all charges against the Globe, finding that “reasonable accommodations” of a handicapped person did not apply if an employee was unable to perform the basic job functions required of a position.

This case illustrates the complexity of work injury law in Massachusetts. After almost a decade, this employee is out of work and was unable to seek protected status as a handicapped individual at a job he held for nearly 30 years. Hiring a Massachusetts workers’ compensation lawyer at the earliest stages of a work injury case is the best option to protect your rights and the long-term financial future of you and your family.
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