Many different factors go into determining whether an injured worker is entitled to workers’ compensation benefits, such as determining whether the injury is causally related to his or her job duties, the average weekly wage that he or she earned and whether the injuries prohibit the employee from performing his or her usual job duties. As seasoned Massachusetts work injury lawyers, we are standing by to assist you with ensuring that you receive the full amount of benefits that you deserve.
A recent claim discusses many of these key issues, including causation and average weekly wage calculations. The man hurt himself while lifting objects at working, experiencing a sharp pain in his back. Testimony at a hearing revealed that he was paid through many different forms, including personal checks, cash, and corporate checks. The judge determined that his average weekly wage was $800.00. The judge also concluded that the man had received unemployment compensation.
The man underwent a medical examination with an independent medical examiner. This doctor determined that the employee could return to full-time employment with some restrictions and that he had a pre-existing condition that was made worse due to the work injury. The doctor estimated that the restrictions would no longer be necessary after March 2011. The judge also considered video surveillance of the employee and based on these videos the judge concluded that the worker was no longer experiencing a work-related disability as of September 2011.