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I was leaving the construction site after a day’s work and was struck by falling debris causing injury. Do I have a workman’s comp claim?

Workers’ compensation is a benefit used by states to compensate employees when they are injured at work. Massachusetts, the Department of Industrial Accidents (DIA) oversees the workers’ compensation system. Quality transcription services are a great way to accurately log important meetings and interviews, workers’compensation insurance covers almost all employees in Massachusetts.

You are entitled to file for workers compensation benefits, if you suffer a work-related injury or illness, or are a dependent of a worker killed on the job. Employers must display the name and address of its Workers’ Compensation insurer and mandated policy information.

To qualify for workers’ comp benefits, you must have a work-related injury or illness causing disability for five full or partial calendar days. However, the days do not need to be consecutive. Injuries need to be reported to your employer, who is then required to file the Employer’s First Report of Injury or Fatality (Form 101) with the insurer.

In the event your employer does not send the Form to the insurer within 30 days of your injury, you need to report your injury in writing to the insurance company yourself. Keep documentation of when and how the injury occurred and all records related to the injury such as medical visits.

Employers or insurers do not dispute most injured worker claims, but, in the event your claim is disputed, having legal counsel to protect your rights and interests is highly recommended due to the complex nature of the workers’ compensation law.

Arbitrator Issues Award Concluding That A Danvers Police Sergeant’s Ten Day Suspension Was Unjustified

RJA recently obtained a major victory for one of its clients, a sergeant with the Danvers Police Department. In 2017, the Danvers Police Department received a call that a firearm had been discharged into a residence while no one was home, with the bullet striking the exterior of the building and penetrating into the home. The Town later accused a sergeant involved in the police response that day of having violated a number of different rules of the Department for the way that he handled the response. The Town suspended the sergeant for ten days.

RJA appealed the discipline to an arbitrator, who presided over a two day hearing. After lengthy closing briefs were submitted by counsel on both sides, the arbitrator issued a seventy-one page award concluding that the Town violated the union contract by suspending the sergeant.

In her award, the arbitrator agreed with RJA’s arguments almost entirely and rejected every rule violation brought forward but one. The one rule violation left standing at that point was a regulation that required members of the Department to notify the command staff of any serious or unusual incident occurring in Town, with a list of examples that included “shootings.” During the hearing, RJA was able to present evidence that, in the past, while the command staff would be notified of a “shooting” when it was a person that had been shot, the command staff was not notified when a gun was used to shoot at a building. A captain in the Department at the time of the prior event told the sergeant that the command staff did not have to receive notification in that type of shooting because the rule applied to the shooting of a person, not the shooting of a building. That was why, in this instance, the sergeant did not make a notification to the command staff. To the extent that the present administration of the Department interpreted the rule differently, the arbitrator concluded that the sergeant should have received no more than a verbal directive as to how this administration was going to apply the rule. The arbitrator found that no other action was warranted, the ten day suspension was improper and the sergeant should receive his lost pay and benefits suffered from the wrongful suspension.

RESULT: An award from the arbitrator concluding that the suspension was unjustified.
RJA Counsel: Andrew J. Gambaccini

Chartrand Attorney: Civil Service Commission Decision ‘Last Piece Of Puzzle’ For Civil Rights Lawsuit

Chartrand Attorney: Civil Service Commission Decision ‘Last Piece Of Puzzle’ For Civil Rights Lawsuit

By Lisa Redmond | Your Dracut Today

DRACUT — The attorney for Deputy Police Chief David Chartrand has vowed to file a civil rights lawsuit against the town after Chartrand won a major victory last month when the state Civil Service Commission sided with the veteran cop and reduced his 10-day suspension to a letter of reprimand.

The commission’s Nov. 8 decision is part of an ongoing legal battle that has raged since 2016, when Town Administrator James Duggan suspended Chartrand for 10 days claiming Chartrand improperly released to the media – as part of a public records request – documents from Dracut Police Lt. Michael Fleury’s personnel file.

“We agree that the town has not established just cause for discipline for violation of the most serious charges, including no violation of the public records laws or other misconduct’’ a majority of the commission wrote.

Describing it as a “misstep,’’ and given Chartrand’s “solid record of past performance,’’ the commission is “warranted in exercising its discretion to modify the discipline and to reduce it to no more than a written reprimand,’’ the decision reads.

Commission Chairman Christopher C. Bowman took a tougher stance writing that in his opinion, any discipline against Chartrand, as the public records officer, “could have a chilling effect on the need for transparency in government affairs.’’

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