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. The general rule states that provided the injury occurs in the workplace that is an accident that should be covered under the worker's 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 the date of injury, one may lose the right to benefit. 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.
Works Cited
Employer’s guide to workers’ compensation. Boston, Mass.: Commonwealth of Massachusetts, Executive Office of Labor, Dept. of Industrial Accidents, 1992. Print.
