Preventing Repetitive Strain Injuries at Work

In her article entitled "Preventing the Number 1 Occupational Health Problem: Repetitive Strain Injuries", author Teresa Long outlines the importance of having and maintaining a proper work station. She claims that it is imperative to have an ergonomically correct work station. By this, Long means that all equipment that will be utilized throughout the day is comfortably positioned to ensure that you do not have to strain, stretch, or twist in a way that could cause pain or injury to the body. Additionally, Long claims that a top priority and task which often goes overlooked when a new employee is hired should be determining whether the work station the employee will be using is ergonomically correct for that employee. Any modifications that need to be made to the work space should be done as soon as possible, as to avoid any injuries.

Long cites OSHA in her claim that repetitive strain injuries are the nation's most common and costly occupational health problem. This type of injury costs roughly $20 billion a year in Workers' Compensation, and billions more in lost productivity and employee turnover, among other things.

To read more from Teresa Long, check out http://www.workerscompensation.com/compnewsnetwork/news/preventstraininjuries.html

Hurt at Work? Know Your Legal Rights

Were you injured at work? If so, there is some crucial information you should know about the laws of Workers Compensation in Massachusetts. Check out this post by http://lawfirms.com/

Workers Compensation Laws in Massachusetts

Workers compensation is a system of laws meant to protect injured and disabled workers. The goal is to make sure someone injured at their workplace gets adequate medical care, lost wages relating to the on-the-job injury, and, if necessary, any retraining necessary to restore them to the workforce.

When a worker is killed on the job, members of the workers' families are typically eligible for workers compensation benefits. Injured workers may want to consult an attorney for advice in protecting their benefits and defending against any attempt to prematurely terminate their benefits.

Workers Compensation is Compulsory in Massachusetts

Workers compensation is compulsory in Massachusetts - employers must provide workers compensation insurance for their employees. The insurance may be provided through a private insurance carrier, or employers may self-insure. Waivers are not permitted.

Only domestic workers who work less than 16 hours a week are exempt.

Medical Benefits and Physician Choice in Massachusetts

Employees are allowed to make the initial choice of physician and full benefits are provided with no time or monetary limits.

Disability Benefits Provided in Massachusetts

In the state of Massachusetts, temporary total disability payments are a percentage of the worker's wage and may continue for up to 156 weeks.

Permanent total disability payments are calculated as a percentage of the worker's wage and typically continue for the duration of the disability. Benefits are offset by Social Security benefit.

Permanent partial disability benefits are allotted based on a percentage of the worker's wage and typically continue for up to 260 weeks, but may continue for up to 520 weeks. These benefits are offset by unemployment insurance and Social Security benefits.

Court awards are paid in addition to benefits and are not reduced because of receipt of disability benefits.

Death Benefits Provided in Massachusetts

An employee's surviving spouse, or spouse and children may collect death benefits, based upon a percentage of the employee's wages and subject to a cap. A minimum benefit is provided regardless of the employee's earnings. A burial allowance is also available.

Limits on Attorney Fees

Massachusetts workers compensation laws stipulate that attorney fees for claimants are limited to twice the state average weekly wage. Otherwise, claimants' attorney fees are set by the agency depending upon the manner in which the case is resolved. In certain cases, the attorney fee may be added to the award.

AIA Supports Massachusetts Workers' Compensation Legislation

Written by: Brianne Mallaghan

The American Insurance Association (AIA) testified today in support of workers' compensation legislation in Massachusetts that would promote competitive insurance rating among carriers requiring them to operate more efficiently and become more customer-focused. The testimony was presented at a hearing before the Committee on Labor and Workforce Development.

The legislation, House Bill 1853 and House Bill 1864, Acts Relative to the Competitive Determination of Workers' Compensation Insurance Rates, is an important and necessary change to the state's workers' compensation system, according to AIA.

"These bills would move Massachusetts to a 'loss cost' rate making system, similar to that used in 40 other jurisdictions, including all of the other New England states," said John Murphy, AIA Northeast Region vice president, noting that New York most recently passed legislation establishing a loss cost workers' compensation rating system in February 2008. "H. 1852 and H. 1864 do not affect or change the benefits injured workers receive or the process through which they receive them. The bills only change the way that rates for workers' compensation will be determined."

Murphy explained that under the loss cost approach, the commissioner would continue to review and approve the basic building blocks of the rates (known as the "loss costs") so that all companies share the common basis for making rates. The biggest difference from the current system is that under this legislation, companies would have to compete over the elembents within their individual control, such as administrative costs and profit, according to Murphy. The legislation also establishes ranges for the various components that go into making the final rate.

"Moving to a 'loss cost' or competitively rated system will promote stability and reliability for employers and insurers as the system will be de-politicized and based on the fundamental component of insurance pricing -- the actual loss costs," concluded Murphy.

AIA member companies write approximately 23% of the workers' compensation insurance coverage in Massachusetts.

The American Insurance Associaion represents approximately 350 major insurance companies that provide all lines of property and casualty insurance and write more than $123 billion annually in premiums. The association is headquartered in Washington, D.C. and has representatives in every state. All AIA press releases are available at www.aiadc.org.

Common Workplace Injuries

Have you ever been hurt on the job? Even a small injury could make you eligible for Workers' Compensation. Below is a list of the most common workplace injuries that are often overlooked.

• Lifting Injuries: Heavy lifting is one of the most common workplace injuries. These often result in musculoskeletal disorders (MSD), which is defined by the U.S. Department of Labor as an injury or disorder of the muscles, nerves, tendons, joints, cartilage or spial discs, and tend to keep you out of work longer than other workplace injuries. These are often characterized by back or muscle pain which make simple movements very difficult. Heavy lifting is common and acceptable in the workplace, as it is not the heavy lifting that causes the injury. Rather, the injury is caused by improper lifting techniques.



• Use of Heavy Equipment: Injuries involving heavy equipment is much more applicable to those in the construction and manufacturing fields, as these workers use heavy machinery to work more efficiently. Injuries involving heavy equipment are often the result of an accident or negligence. Regardless, one is still eligible for workers' compensation benefits.



• Automobile Accidents: Those who use a vehicle for work is at risk for an automobile accident. These people can include salesmen, delivery people, and anyone else driving a car for a work-related purpose. Workers' compensation benefits are available to anyone who qualifies, regardless of who was at fault in the car accident.



• Falls From Heights: Falling at work is one of the most common workplace injuries. Falling at work often results in injuries such as sprains, pulls, tears, fractures, and breaks. These injuries often result in time lost from work. Therefore, those who suffer from a fall at work are entitled to workers' compensation benefits during the time they are out of work.

Please be aware that an injury or illness is considered work-related if something in the workplace caused or contributed to the condition, or if a pre-existing condition was aggravated. To avoid a workplace injury, be sure to know of the risks in the workplace. For example, be aware of any machinery that can burn you, cut you, etc. Knowing how to properly utilize the machinery will decrease the likelihood of being hurt by the machine. Also, do not over-exert yourself. Excessive lifting, for example, not only can cause back strains, but it can also lead to overexertion of heart and lung muscles. Recognize when it is too much and have someone assist you. For more tips on staying safe and avoiding workplace injury, please see http://www.injuryboard.com/help-center/articles/how-to-stay-safe-and-avoid-workplace-injury.aspx

To request more information regarding your case, please contact Ladas & Ladas, P.C. at 1-800-339-3332

Injured on the job? Find out what to do and the benefits of Workers' Compensation

Workers' compensation is essentially a negotiation between an employee and an employer. Rather than an employee suing their employer if they are hurt or get sick on the job, the employee is entitled to workers' compensation insurance. As the employee under workers' comp, you are entitled to:

• medical care (paid for by your employer);



• temporary disability benefits (payments due to lost wages because of your injury or illness);



• permanent disability benefits (payments made if you never completely recover);



• vocational rehabilitation (job placement counseling and retraining if you are unable to return to your job); and



• death benefits (payments to your spouse, children, or other dependents if you die from a work-related injury or illness).

Unlike other types of insurance, workers' comp does not require you to prove your injury or illness in the work place was someone else's fault. By law you are entitled to receive medical treatment for your work-related injury or illness, but again, you are banned from suing your employer.

If you are hurt on the job, it is imperative you report it to your employer immediately. This will help ensure there are no complications in receiving the benefits you are entitled to. The employer may investigate the injury to make sure your claims are legitimate. The next step is getting emergency treatment if necessary. You should inquire whether your employer has a preference as to where you should go for treatment. If you are going to lose six (6) or more days of work due to your injury or illness, you should contact a lawyer to help you with your claim.

Call the Law Offices of Ladas & Ladas, P.C. at 1-800-339-3332.

For more information regarding Workers' Compensation, please visit http://www.workerscompensation.com/massachusetts.php