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New Rules Affecting Massachusettsworkers’ Compensation Law

By Author: Conston Taylor
Total Articles: 3

Workforce or Labor force is a term used to define those working for an organization, but can also apply to a geographical entity like state, or country, it is the driving force behind every organization, therefore the workers need to be care for, and job related hazards or illness should be taken serious and with utmost priority.
A claim is paid if the employer or insurance carriers agree the illness is work related. If he employer or insurance disputes he claims, no cash benefits are paid until the workers compensation ma law judge decides who is right. Employees or workers who are harmed while performing job related duties. Which include disability payment, medical expenses, and costs associated with rehabilitation and retraining? The system is administered by the state and financed by employer’s mandatory contributions.

Every state provides an exception, based on enacted worker’s compensation laws which vary from one place to another, taking Massachusetts as a case study.

The department of Industrial Accident is the agency responsible for administering the worker’s compensation system/law in Massachusetts, every employer in Massachusetts has certain obligations under this law. Several laws or regulation have been passed and enacted in Massachusetts as regards to the Boston workers compensation lawyer and which a significant impact on both the employee and the employer, few of which shall be discuss below.

1.The Earned Sick Time Act

This suggests that each employer of an organization must be accrued an hour of sick leave or rest for every 30hrs worked summing to at least of 42hrs in a calendar year, the act provides an employee to use the accrued hours for the following .

•To care for physical or mental illness, injury or medical condition affecting he employee or he employee’s relative.

•To address he effect of domestic violence on the employee or relatives Although the labor union of Massachusetts were among the frontiers of the motion for the act before been pass but no covered by the act, due to a legal action known as “PREEMPION”, but favors only the Massachusetts workers of private organization and notthe unionist.

2.Pregnant worker’s fairness act

If enacted, the act will expand existing protection for pregnant employees in Massachusetts and require employers to provide pregnant women and new mothers for their pregnancy and any condition related to their health, and will also amend the state discrimination law such as

•Denying a reasonable accommodation for a pregnant employee, or any condition related to the employee’s pregnancy, including lactation, or any other form or undue hardship on the employee.

•Denying an employment opportunity to an employee, especially a pregnant woman or knowingly refusing to hire a person who is pregnant because of the condition and such person is capable of performing essential functions of the position required.

•Also, the act requires the employer and the employee to engage in a timely, good faith and interactive process to determine effective, reasonable and to build a sound professional rehabilitation.

PREEMPTION; It’s a legal term refers to a situation in which a law passed by a higher authority takes precedence over a law passed by a lower one.

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