Getting Timely Medical Care If Injured at Work, Why is it Difficult?
We at Agnelli Law Offices, P.C. are frequently faced with situations in which our clients find it difficult to get timely and appropriate medical care after they are injured on the job. Under the Massachusetts workers’ compensation system, as with most other states, our law mandates that an insurer must provide the injured worker the ability to obtain suitable medical attention with a doctor of his/her choice.
Why Can’t I Sue My Employer for Damages If I Get Hurt On The Job?
Many clients often ask why they cannot sue their employer if they are injured while in the course of their employment. The answer to this question is found in a review of the history of the workers’ compensation system. Workers’ compensation in Massachusetts, as in most other states in the country, is what is referred to as the “exclusive remedy” when one is injured at work. This means the only remedy available to an injured worker is to pursue one’s rights under the workers’ compensation process. This has been the law since 1912.
Did you hold a second job when you were injured at work? How does concurrent employment affect your workers’ compensation claim and weekly benefits? Oftentimes, many workers who are hurt on the job and lose time from work, also have a second job (either full or part time) at the time of their injury. If, as a result of the original injury, they are also unable to work at the second job, they may be entitled to weekly compensation payments based on the combined lost wages from both jobs. This is referred to as “concurrent employment.”
A History of the First Century of the Massachusetts Industrial Accident Board and the Workers’ Compensation Act Written by Joseph F. Agnelli, Jr., Esquire, this book contains a comprehensive history of workers’ compensation in Massachusetts focusing on how our Industrial Accident Board was originally organized. The book profiles many of… Read More