Articles Posted in Workers Compensation

An accident at work can be traumatic and painful. If you or a loved one have been injured on the job, it is important to protect yourself and talk to an experienced workers compensation attorney in Massachusetts. The workers’ compensation process is complicated. One error can result in denial of claims, denial of treatment, or termination of employment. If you have contracted an illness at work, or sustained a workplace injury, our workers’ compensation attorneys at the Bellotti Law Group, P.C. can help. We have over 38 years of expertise in dealing with workers’ compensation cases. Each of our workers’ compensation attorneys are well prepared to help clients and their families receive the compensation they deserve after a work-related injury. Contact us today at 617-225-2100 for a free consultation.

How Does Immigration Status Affect Your Workers’ Compensation Benefits?

Under the Workers’ Compensation Act, illegal aliens and green card holders are considered covered employees. As long as there is a valid contract of hire, a worker is deemed an employee. In Brambila v. Chase-Walton Elastomers, Inc., 11 Mass. Workers’ Comp. Rep 410 (1997), the Reviewing Board found that an individual classified as an illegal alien was still entitled to Workers’ Compensation benefits, despite misrepresenting his status in order to be hired. While the contract can be voided on the basis of misrepresentation of the employee, the contract wasn’t voided, and was therefore valid at the time of the injury.

What is a Lump Sum in Workers’ Compensation Cases?

A lump sum is a contract between you, your employer, and your employer’s workers’ compensation insurer. This is a one time payment that is meant to replace your weekly compensation checks. In some cases, this one time payment can also replace other workers’ compensation benefits. Ultimately, the judge that listens to your case will decide whether or not a lump sum payment for your claim is the best option.

Should I Lump Sum My Case?

A carpenter was working construction at a job site in Salem, NH when an 18 ft. partially built wall fell paralyzing and crushing the carpenter due to a third parties negligence. At the time the carpenter was injured, he was 40 years of age and married with 4 dependents.

The specific parties involved were a lull operator, laborers, and riggers, all of whom each were employed by different parties.

Counsel for the plaintiff, Attorney Joe Markey, alleged that the defendant was negligent in failing to ensure safe working conditions, negligent in failing to adequately and safely supervise its workers, and negligent in failing to safely operate and maintain the equipment being used at the job site.

The crane operator has many responsibilities. They must be fully familiarized with the crane manufacturer’s O&M manual and load charts for the cranes they are dispatched to operate. When they have consulted the O&M manual procedures for the crane’s specific re-configuration, they should conduct a job site safety meeting with the personnel under their supervision. The operator should inform the personnel on the manufacturer’s procedures for reconfiguration, such as proper pin placement and sequence. Operators should make sure they swing cranes in controlled manner, and to never suspend the crane over personnel, unless the personnel are required to land the load. Operators must not permit anyone to ride the hook or load. If there are any technical difficulties with the crane manufacturer’s procedures on any crane re-configuration, operators must contact their shop managers for help. If the lift is critical or sensitive, pre-planning meetings are required. Before leaving the crane, the operator has the responsibility to land the load, place all control leavers in neutral, secure the crane against travel, set all brakes and locking devices, and shut off the engine. Whenever there is a concern for safety, the operator has the authority to stop and refuse to handle loads, until a qualified person determines that everything meets OSHA safety standards. 

OSHA Regulations for Crane Operations

Operators can meet OSHA’s certification requirements through three ways. First, operators can obtain certification through an accredited third party crane certification organization. Second, employers can develop an employer-audited program to certify operators. Finally, operators can obtain a state or local crane operator license.

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