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A Boston Workers’ Compensation Lawyer Dedicated To Helping Injured Workers
Helping Injured Workers Make Great Legal Decisions While They Are Out Of Work
Our law office can help you get the compensation you deserve if you were injured at work. The insurance company has their workers’ compensation lawyers. You need one too.
Having a Boston workers compensation lawyer on your side ensures the best possible outcome for your case.
We only get paid if we win your workers comp claim.
When you are hurt on-the-job and unable to work, making the right decisions is critical. Making sure you protect yourself, and your rights, is essential.
Why Should I Hire A Lawyer For My Workers’ Comp Claim?
If you’ve been hurt, you may be deciding whether to hire a lawyer, or to represent yourself. Here are some key considerations for this decision:
- The insurance company is going to fight to minimize their liability and the amount that they must pay.
- Insurance companies will typically deny or minimize the medical treatments to which you are entitled.
- Legal fees for workers compensation matters are much less than for personal injury matters, and are set according to law.
- You also will be able to obtain the highest possible settlement if you have representation on your side.
What Are My Rights Under Massachusetts Workers Compensation Law?
Workers’ compensation in Massachusetts is a compromise between workers and employers. This legal framework is found at M.G.L c. 152.
Workers compensation benefits in Massachusetts include:
Medical Bills. As long as the work-related medical treatment you receive is reasonable and necessary, then the workers compensation insurance company needs to pay for it.
Wages. If you are totally disabled from working, you have the right to temporary, total disability benefits.
This weekly benefit wage rate is 60% of your gross weekly wages. If are able to work light duty, then you may collect 75% of your total disability rate of pay.
Loss of Function. You may collect a one-time payment for any loss of function of a body part you sustain as a result of your work accident. This percentage is assigned by a doctor.
Scarring. If your work accident resulted in scarring to your neck, face, or hand(s) then you may collect a one-time payment for the scarring.
The amount you may collect for scarring is set by law. The maximum amount is currently $15,000.
Do I Really Need A Lawyer?
Yes. It is very important to have legal representation on your side if you were injured in a work accident.
Can I Get Pain and Suffering Damages?
No. Massachusetts workers compensation law does not allow you to collect pain and suffering compensation for a work injury.
Can I Sue My Employer?
What If My Employer Does Not Have Workers Compensation Insurance?
Even if your employer does not carry workers comp coverage, you may still bring a claim for benefits. The Massachusetts Workers Compensation Trust Fund provides benefits in this situation.
What If I Can’t Get To Your Office?
Hire us. We will come visit you at home, or wherever is convenient for you.
Can I Collect Benefits If I’m At Fault For The Accident?
Yes. Workers comp benefits are no-fault benefits. As long as your injuries arose during the course and scope of your employment, you are eligible for workers compensation benefits.
What is the Statute of Limitations?
Four years from the date of injury.
What Does A Boston Workers Compensation Lawyer Do For Me?
Workers compensation lawyers fight insurance companies that seek to deny the benefits that injured workers are owed.
The representation involves investigating all benefits the client is entitled to, negotiating with workers compensation adjusters and attorneys, going to the Department of Industrial Accidents, collecting and analyzing medical records, as well as other responsibilities.
What Is The Process?
If you had a work injury in Massachusetts and miss 5 days from work, your employer must complete a Form 101. This form must be filed within 7 days of your 5th missed day from work.
The form is then sent to your employer’s workers compensation insurance company. The insurance company has 14 days following its receipt of the Form 101 to start paying you, or to deny your claim.
If the insurance company denies your case, then a claim for benefits needs to be filed. That is done with the filing of a Form 110.
The Court Process
The Department of Industrial Accidents is an administrative law court with administrative law judges. It handles only workers compensation disputes.
Here are the steps of the court process:
- The first step is the Conciliation which is when you (if you do not have an attorney) or your attorney appears in front of a Conciliator. The attorney from the workers compensation insurance company will be present.
- If the case does not settle at Conciliation then the matter will be sent forward for Conference. The Conference will be held before a judge between 2-4 after the Conciliation.
- At the Conference you, your attorney, and the attorney from the insurance company will be present. The parties will submit evidence to the judge. The majority of evidence is typically medical records of the injured employee. The judge will hear from both sides and will issue an order.
- If either party wishes to, they may appeal the Conference order, but this must be done within 14 days of the date of the order. When an appeal is filed for medical reasons, then an impartial medical exam is scheduled.
- Next is the Hearing which will be held several months after the Conference. This is similar to an actual trial. The report made by the impartial medical doctor will be the only medical record the judge will review, unless the judge agrees to consider additional medical evidence.
- The final and highest stage of the workers comp dispute process is the Reviewing Board which will take many months after the Hearing.
What Fees Do Workers Comp Lawyers Charge?
There is no up-front money needed to hire a workers’ comp lawyer.
Massachusetts law sets forth how much workers comp attorneys may collect in fees for these cases.
Essentially, if your attorney is successful in getting you on, or kept on, workers compensation benefits, he is paid a fee by the insurance company.
In the event of a lump sum settlement, the attorney collects either 15% or 20% of the total settlement, depending on the terms of the settlement.
Third-Party Liability Claims Information
Sometimes injured workers have not only a workers compensation claim, but also a third-party liability claim for negligence as well.
For example, if you are operating a vehicle for work (whether it be your personal vehicle or a company vehicle) and someone negligently hits you, then you have a workers compensation claim since you were hurt on the job.
But you also have a third-party claim for negligence against the person who hit you.
Or, if you slip and fall at work in the parking lot due to snow and ice there is both a workers comp claim, and a third-party claim, if a third-party such as a snow removal company negligently failed to clear the snow and ice in the parking lot.
Common Causes of Work Accidents
- Personal Injury Accidents
- Car Accidents
- Truck Accident Cases
- Pedestrian Accident Cases
- Slip and Fall Accidents
- Snow and Ice Accidents
- Snow and Ice Cases
- Construction Accident Cases
- Dog Bites and Attacks
Common Types of Work Injuries
- Back and Neck Injuries
- Broken Bones
- Repetitive Injuries
- Scarring and Disfigurement
- Hearing and Vision Loss
- Burn injuries
- Strains and Sprains
- Brain injuries
- Permanent Injuries
- Soft Tissue Injuries
- Cuts and Punctures
- Post-Traumatic Stress
- Exposure to Chemical and Hazardous Materials
What You Should Do If You’ve Been Injured At Work
Here are some important steps to take following your on-the-job injury:
- Obtain prompt medical attention. With a work injury, sometimes injuries that may seem small at first – such as a back sprain – may in fact be much worse.
- These cases largely turn on what your accident-related medical records say. It is important to thoroughly report to medical personnel that your injuries occurred at work.
- Report the accident as soon as possible to your supervisor after first obtaining medical treatment.
- Never sign anything the workers compensation insurance company sends you.
- Promptly consult a Boston workers compensation law firm.
Call Us Today For Your Free Consultation
Call today to find out how we can help you. We are easy to talk to, and will give you a free case evaluation and let you know all rights and benefits you may be entitled to.
What Our Clients Say About Us…
We work hard to get our clients results. Our overwhelmingly positive reviews reflect how satisfied our clients have been with our representation.
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