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03 Apr, 2024
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08 Feb, 2024
In an insightful article by Pat Murphy for Massachusetts Lawyers Weekly, we talk about workers' compensation claims arising from COVID-19, with a focus on the legal considerations of "inherent risk" and causation. Angel C. Melendez is featured for his role in representing a supermarket worker in a pioneering case before the Department of Industrial Accidents (DIA). This case underscores the legal challenges and efforts to define the parameters of compensation eligibility for workers affected by the pandemic. We work to highlight COVID-19 as an inherent risk of employment, and discuss what it means for workers across industries. Read More Here
03 Jan, 2024
Your Rights as an Employee - Right to a Safe Workplace: You have the right to work in an environment that is safe and free from recognized hazards that could cause death or serious physical harm. - Right to Report Violations: If you believe your workplace is not following OSHA standards or there are serious hazards, you can file a complaint with OSHA. - Right to Protection from Retaliation: It's illegal for your employer to retaliate against you for reporting safety and health violations, which includes firing, demoting, transferring, or any form of discrimination. How to Report a Violation - Identify the Violation: Take note of the specific OSHA standard or hazard that is being violated in your workplace. - Gather Evidence: If possible, gather evidence such as photos, videos, and witness statements that support your claim. - File a Complaint: You can file a complaint with OSHA online, by mail, or by phone. Provide as much detailed information as possible about the violation and your workplace. Protections for Employees OSHA offers protections for employees who exercise their rights under the Act, including making complaints about workplace safety and health hazards. If you face retaliation for reporting a violation, you can file a complaint with OSHA against your employer for retaliation. This complaint must be filed within 30 days of the retaliatory action. It's important for employees to know that they play a significant role in maintaining a safe work environment. Reporting violations not only protects you but also your coworkers by ensuring that necessary safety measures are in place and standards are met. Remember, OSHA's primary goal is to prevent workplace injuries, illnesses, and deaths, and your reports contribute to this mission. If you're unsure about a potential violation or need guidance on the reporting process, consider consulting with a professional who can provide advice and support.
23 Nov, 2023
Getting into a motor vehicle accident can be a stressful experience, especially if the at-fault driver doesn't have enough insurance to cover all your damages. In Massachusetts, if you find yourself in such a situation, you might have the option to pursue a claim under your own underinsured motorist coverage. This is a part of your auto insurance policy designed to protect you when the other driver's insurance falls short. What is Underinsured Motorist Coverage? Underinsured motorist coverage steps in when the other driver's liability limits are too low to cover your medical bills, lost wages, and other related expenses from the accident. For example, if your total damages are $50,000, but the other driver's insurance only covers up to $30,000, your underinsured motorist coverage can cover the remaining $20,000, depending on your policy limits. How Does It Work? - Review Your Policy: The first step is to check your own insurance policy to understand your underinsured motorist coverage limits. - File a Claim: If the at-fault driver's insurance isn't enough, you can file a claim with your insurance company under your underinsured motorist coverage. - Provide Documentation: You'll need to provide evidence of your damages, including medical bills, repair estimates for your vehicle, and proof that the other driver's insurance is insufficient. Important Considerations - Time Limits: Be aware of any time limits for filing an underinsured motorist claim with your insurance company. These deadlines can vary, so it's important to act quickly. - Legal Guidance: Navigating the claims process can be complex. Consulting with an attorney who specializes in motor vehicle accidents can help ensure that you're taking all the right steps and maximizing your potential compensation. Pursuing a claim under your underinsured motorist coverage is a valuable option for ensuring you're fully compensated after an accident caused by someone with insufficient insurance. While it might seem daunting to deal with insurance companies and legal processes, knowing your rights and how to use your coverage can make a significant difference in your recovery. Remember, you don't have to navigate this alone; professional guidance can ease the process and help you focus on what's most important—your recovery.
25 Oct, 2023
When you're injured on the job in Massachusetts, filing a workers' compensation claim is your right. This system is in place to ensure that employees who get hurt at work receive compensation for their medical bills and lost wages without the need to sue their employer. However, some employees may hesitate to file a claim, fearing retaliation from their employer. It's important to know that in Massachusetts, the law protects workers from such retaliation. What is Employer Retaliation? Employer retaliation can take many forms, including: - Unjust termination or layoff - Demotion or reduction in pay - Unfavorable reassignments - Intimidation or harassment Your Protections Under the Law Massachusetts law strictly prohibits employers from retaliating against employees who exercise their right to file a workers' compensation claim. If you believe your employer is retaliating against you for filing a claim, you have the right to take legal action. This might involve filing a complaint with the Massachusetts Department of Industrial Accidents (DIA), which oversees workers' compensation disputes, or even pursuing a separate legal case for wrongful termination or retaliation. Steps to Take if You Face Retaliation 1. Document Everything: Keep detailed records of any actions you believe are retaliatory, including emails, memos, and any communications related to your workers' compensation claim and the alleged retaliation. 2. Report the Retaliation: You can file a complaint with the DIA. They can provide guidance on how to proceed and what additional steps may be necessary. 3. Seek Legal Advice: Consider consulting with an attorney who specializes in workers' compensation and employment law. They can offer you advice specific to your situation and help you navigate the legal process to protect your rights. Remember, the goal of workers' compensation is to support employees in their recovery from workplace injuries without the fear of negative repercussions. If you're facing retaliation after filing a claim, know that the law is on your side. Employers cannot legally punish you for seeking the benefits you deserve. If you find yourself in this situation, take action to protect your rights and ensure that you are treated fairly under the law.
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