Since 1991, Massachusetts workers who are hurt at work receive absolutely no specific compensation for purely scar based disfigurement unless the scarring is to the face, neck or hands. (See MGL c. 152, § 36(k)).

Think about that!

• If you’re a secretary working for a company all your life doing data entry and keyboarding at a computer and you develop carpal tunnel syndrome that requires surgery, you will receive absolutely no workers’ compensation specifically for the surgical scars to your wrist.
• If you’re a cook or kitchen worker and you suffer burns to your arms or chest, you will receive absolutely no workers’ compensation specifically for the burn scars to your arms and chest.
• If you’re a nurse or nurse assistant and you suffer a torn rotator cuff in your shoulder lifting a patent, you will receive absolutely no workers’ compensation specifically for the surgical scar to your shoulder.
• If you’re a construction work and you suffer a herniated disc in your back requiring back surgery, you will receive absolutely no workers’ compensation specifically for the surgical scar to your back.

This injustice was a result of the 1991 change to the Massachusetts workers’ comp law pushed by Republican Governor Bill Weld. Presumably, it was intended to cut costs for businesses to help create jobs. Who paid the price? Injured workers, who literally bear the scars on their bodies caused by injuries while they were simply doing their job, paid the price. This is a classic case of the little guy taking it on the chin for big business and big insurance special interests.

In addition to this injustice, the Massachusetts workers’ comp law limits benefits specifically for bodily disfigurement to $15,000. That is unjust and unfair to injured workers who suffer disfiguring injuries at work. The so-called “scarring and disfigurement cap” needs to be raised significantly or, better yet, eliminated entirely.

Many people are unaware of the current state of the Massachusetts workers’ comp law. I suspect that many legislators may be unaware as well. That’s a shame. It’s their job to protect the interest of their constituents who work may be hurt at work.

Maybe it’s just me. If the Massachusetts legislature can schedule an expedited hearing to push through a change to the law allowing the Governor to appoint an interim United States Senator in the wake of Senator Kennedy’s recent death, then shouldn’t they also fix the unfair provisions in the workers’ comp law denying just and fair compensation to workers who suffer disfiguring injuries?

Copyright © 2009 John J. Sheehan

In order to hook you in as a prospective new client, auto insurers or agents in Massachusetts may try to quote you a rate for Massachusetts auto insurance with a PIP deductible claiming that they’re offering you a savings on your premium. Don’t do it!!

Insurers such as Progressive Insurance may have you fill out an insurance application online for Massachusetts auto insurance. There may be a question asking if you have health insurance. If you answer yes, the insurance application may even apply a PIP deductible by default.

What does that mean and why should you care?

In Massachusetts auto insurance, PIP (”Personal Injury Protection” Benefits) is the term used for No-Fault Benefits. These are insurance benefits that pay for accident related medical expenses and lost wages in the event you are injured in a car accident. PIP or No-Fault Benefits are paid by the insurance company for the car that you are driving or occupying at the time of a car accident even if you are the at fault driver. That’s why they’re called No-Fault Benefits.

In Massachusetts, PIP benefits are compulsory. The insurance company or PIP Carrier has to include them by law. However, you can claim a PIP deductible for yourself and your household members. Anybody else who is a passenger in your car or driving your car with your consent, will be covered by PIP in the event of a car accident resulting in injuries.

So what you ask? Here’s the so what. By claiming a PIP deductible you just let your auto insurer off the hook for up to $8,000.00 in the event that you are injured and disabled from work as a result of a car accident.

Who cares? You should. For a paltry savings of less than $50.00 (estimated cost), you waived your right to benefits that the insurance company has to sell you by law and which cover all non-household members who are injured in a car accident while occupying your car even if you claim a PIP deductible.

Taking a PIP deductible is a sucker’s move IMHO! Who really saves? Your insurance company — not you. For peanuts you’re giving your insurance company a gift to them that is potentially worth up to $8,000.

I seriously doubt that your insurance company or insurance agent explain the consequences of claiming a PIP deductible when you apply for insurance. Just like they don’t explain that you should have the maximum coverage if you own significant assets like a home. Just like they don’t explain that the optional coverage for BI, UM and UIM coverage should be the same amounts on your policy.

Complicated stuff? Consult a lawyer. Protect your legal rights.

Copyright © 2009 John J. Sheehan