Articles Posted in Workers’ Compensation

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Al respecto, cuando se compra un coche o se alquila un apartamento, hay que tener en cuenta muchas cosas, como el seguro, la calidad, el vecindario, etc. Es lo mismo a la hora de contratar a un abogado. Así como es importante contratar al abogado correcto, también es importante no equivocarse de representante. Hay algunas cosas en las que uno se debe fijar cuando está buscando el abogado adecuado. 

Para empezar, ¿tiene el abogado un historial de quejas éticas? Si es así, quizás sea el momento de buscar otro abogado. Hay una gran cantidad de abogados que no tienen ningún cargo disciplinario presentado contra ellos. Siempre, revise el sitio web “www.massbbo.org’‘ para buscar un abogado que le interese y guste, para representarse. Si él o ella tiene un historial disciplinario manchado, puede ser una señal mala e indicación que debería seguir buscando otro abogado. 

En segundo lugar, ¿le promete el abogado un acuerdo rápido? Eso también puede ser una señal de alarma, no hay duda de que los casos de lesiones personales y de compensación de los trabajadores pueden tomar un tiempo considerable para resolver, a veces el proceso puede tomar muchos meses y a veces incluso años para resolver un caso. Cualquier abogado que le diga lo contrario, no está siendo sincero con usted. 

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Can You Sue Your Employer in Massachusetts For A Workers Compensation Accident?

Many times I receive this question from new clients.  It is a reasonable question as one would assume you may sue your employer in Massachusetts for a workers compensation accident.  Certain times you can sue your employer, but in Massachusetts, you may not for a workers compensation accident.  What you may do is pursue a claim for workers compensation benefits with your employer’s insurance company.

The Massachusetts workers compensation statutory framework issues many advantages to injured workers (you can recover benefits even if you are at fault; speedy judicial resolution).  However, with these advantages comes the disadvantage of not being able to sue your employer.

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There are a number of factors that come into play when an attorney decides whether or not to take on a personal injury case for a client.  Here are some, but not all, of those factors:

1) Has the Statute of Limitations run (it is different for different types of cases)?

2) Was the client injured?

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I Slipped And Fell At Work. Do I Have A Workers’ Compensation Claim?

If you have been injured in a slip and fall, or trip and fall accident while on the job, and missed at least five calendar days from work, then you are entitled to Massachusetts workers compensation coverage. Generally, your employer’s workers compensation insurer must pay your medical bills.  The bills though must be necessary, reasonable, and related to your work accident.  You may also collect lost wages.   If you are temporarily temporarily disabled from working, or temporarily partially disabled from working, you can collect lost wages.

Frequently workers’ compensation insurance companies deny valid claims, such as a slip and fall.  However, if that happens, it makes good sense to hire a Boston workers’ compensation attorney.  The attorney will be able to guide you through the claim process as well as the court process at the Massachusetts Department of Industrial Accidents.

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Absolutely.  The attorney/client relationship is based on a mutual and voluntary contractual relationship.  The client can exit the relationship at any time.  In fact, you are allowed to fire your Massachusetts personal lawyer at any time and you don't even need a reason for doing so.

I find that many people who call me and are interested in changing lawyers are doing so because they feel their lawyer is not communicating with them.  If your lawyer is not calling you back and/or not keeping you updated on your case, you have the right to change lawyers.  You may, however, be responsible for paying the lawyer back the expenses the lawyer put into the case. 

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Most if not all Massachusetts personal injury, medical malpractice and products liability cases are taken on a contingency fee basis.  What does this mean?  I found the following informative and articulate post over at injuryboard.com authored by attorney Scott E. Smith.  Here is the post:

Abraham Lincoln once said, "A lawyer's time and advice is his stock in trade." In essence, asking an attorney for his advice is no different than asking an accountant to set up a business plan or do your taxes, a doctor to examine you, render a diagnosis and prescribe treatment or hiring an electrician to fix the wiring of your home. Nonetheless, many people are under the impression that calling a lawyer and asking a question is free. Although most lawyers will gladly answer preliminary questions regarding a legal matter, when it is determined a lawyer is needed, a fee contract is required.

Most lawyers charge by the hour, as do most professions. Depending upon the lawyer's qualifications, experience and expertise, the hourly rate will vary. However, there are situations attorneys will work for a client on a contingent basis or on a reduced hourly rate and negotiated lower percentage. A contingency fee allows a lawyer to charge a client a percentage of money recovered in behalf of the client in a given case. A contingent fee contract has been referred to as the "poor man's key to the courthouse" because many individuals who are in need or require the assistance of an attorney cannot afford an hourly rate.

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Someone Injured Me But I Can’t Afford To Hire An Attorney!

Not to worry.  One of the hallmarks of personal injury law is that the injury victim does not get billed an hourly rate.  Rather, the legal fee is a percentage of the gross amount recovered for the client.

Nearly all Massachusetts personal injury lawyers – as well as personal injury lawyers in other states –  take motor vehicle accident cases on a contingency fee basis.  What that means is that your attorney will take 33 1/3% (or possibly more if your case goes into suit) of any settlement or judgment amount as his/her legal fee at the conclusion of the case.  If your attorney advances any costs in prosecuting your claim, it is you that is ultimately responsible for any such costs.  Massachusetts workers’ compensation cases are also handled by contingency basis, and the amounts are set by law.

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One of the first questions I ask a potential personal injury client is whether he has made any claims in the past. Whether it be a motor vehicle accident, slip and fall or some other claim, it is important for me to know this information. The reason is that the claims adjuster and the defense attorney (if the claim goes into suit) has access to a claims index. If you have made claims in the past, they will appear in the claims index and will come up on a search.

Therefore, before meeting with your attorney for the first time, think back to any claims you have made in the past and write them down on a piece of paper. Write down the approximate date of the accident, the type of accident it was, and any injuries you suffered as a result.

It is better that your attorney learn of these accidents at the beginning of the case, rather than during your deposition when the defense attorney will be sure to bring them up to weaken your case.

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Helpful Tips for Those Going Through the Insurance Claims Process

The aftermath of an auto accident, slip and fall, injury at work, or any other injury causing event can cause great stress to not only the injury victim, but also to his or her family.  Oftentimes, the experience of going through the personal injury claim process can be just as anguishing as the personal injury event that lead to the claim.

In order to make the aftermath just a little easier for you, here are my tips to those who have an attorney and are going through the typically frustrating and lengthy personal injury claim process:

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