Massachusetts trial courts consist of seven departments whose aim is to offer fair
administration of justice. In any working environment, injuries from accidents may occur that
may result to emotional, financial and physical stress. When injuries occur, questions may be
raised on what next step should be taken when this happens. A general rule states that
provided the injury occurs in the work place that is an accident that should be covered under
the workers compensation.
In this specific case study, Mrs. K is limited to workers compensation as stated in the
electronic code of federal regulations(eCFR) in (title 38, chapter 1, part 3, subpart A) on
compensation. It states that “Basic entitlement for a veteran exists if the veteran is disabled as
the result of a personal injury or disease (including aggravation of a condition existing prior
to service) while in active service if the injury or the disease was incurred or aggravated in
line of duty.” Mrs. K ailment is caused by the toxic chemicals she is exposed to while in her
course of duty. Her case is similar to Sikorski’s Case, 455 Mass. 477( 2009) where the
employee who was a teacher serving as a supervisor in a ski club trip in extension of her
employment as a teacher. In this case however, the teacher was undertaking this role
voluntarily and thus the board decided that she should not be offered compensation but in
Mrs. K’s case her work was not voluntary.
XX hospital should be responsible for workers safety by providing personal protective
equipment as provided by the National Institute for Occupational Safety and Health
(NIOSH). Therefore Mrs. K’s next step would be reporting the issue for a claim on workers
compensation on form C-3 and send it to the nearest Workers compensation Board. If the
claim is not completed within two years from date of injury, one may lose the right to benefit.
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Mrs. K should then attend to case hearings if notified to appear in any and of course follow
any all medical prescriptions to ending the ailment.
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References
1. Employer’s guide to workers’ compensation. Boston, Mass.: Commonwealth of
Massachusetts, Executive Office of Labor, Dept. of Industrial Accidents, 1992. Print.
2. Code of Federal Regulation, (Employee Benefits) Workers Compensation, Rrb.