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Workers' Compensation FAQs

For those who experience an accident at work, they likely are confused and unsure on what to next. They may not be sure about how workers’ compensation works in Massachusetts. These injured workers have questions, and we have answers. Here are some answers to some common Boston workers compensation FAQs.

  1. What Wages Can I Receive?
  2. How Are You Paid?
  3. Can I Sue My Employer?
  4. Who Pays Workers’ Comp to Injured Workers?
  5. What Can Be Collected?
  6. What if My Employer Does Not Have Insurance?
  7. What Accidents Are Covered?
  8. What Injuries Are Covered?
  9. What Are Third-Party Claims?
  10. Who is Covered Under Workers Compensation?
  11. Which Court Hears These Disputes?
  12. What is the Statute of Limitations?
  13. How Can a Lawyer Help?

What Wages Can I Receive?

If you are completely unable to work you may be entitled to total disability benefits. These benefits are 60% of your gross weekly wages. If you have some work capacity and can partially perform your job duties, then you may collect partial disability benefits equal to 75% of your total disability rate.

Boston workers compensation attorney Christopher Earley fights to get you the benefits you deserve.

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Fees for Massachusetts workers compensation lawyers are set by law. If a claim is denied and we are successful in getting you workers compensation benefits, the insurance company pays us. If a lump sum is reached, the attorney’s fee is either 15% or 20% of the settllement, depending on the terms of the settlement.

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Can I Sue My Employer?

You generally in Massachusetts are prohibited from suing your employer for a workers compensation accident.

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Who Pays Workers’ Comp to Injured Workers?

These benefits are paid by your employer’s workers’ compensation insurance company. The employer’s premiums to its insurance company provides these benefits to injured workers.

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What Can Be Collected?

Some benefits include payment for medical bills as well as weekly payments for missed time from work, due to the work injury.

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What if My Employer Does Not Have Insurance?

All employers in Massachusetts must have workers’ comp I insurance. If there is no insurance, the injured worker must file a claim with the Trust Fund found at the Department of Industrial Accidents.

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What Accidents Are Covered?

Generally any injury that occurs to an employee during the course and scope of employment should be covered and compensable under Massachusetts workers’ compensation law.

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What Injuries Are Covered?

Any personal injury or psychological injury can be claimed under workers’ comp. As long as a doctor says the injury claimed by the employer arise out of and during the course and scope employment, then it should be covered.

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What Are Third-Party Claims?

These typically happen with car accident cases, as well as construction accident cases. These happen when the work injury is caused not by the employee’s employer, but by a third-party.

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Who is Covered Under Workers Compensation?

Employees who are injured during the course and scope of their employment. Workers comp does not apply to independent contractors.

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Which Court Hears These Disputes?

The Massachusetts Department of Industrial Accidents is the court that hears and decides these cases. The court has five different branches located in Boston, Lawrence, Fall River, Worcester and Springfield.

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What is the Statute of Limitations?

Unlike with personal injury cases that have three year statute of limitations, workers’ compensation accident cases have four statutes of limitations.

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How Can a Lawyer Help?

A workers compensation lawyer can help you get the benefits you are entitled to. Frequently workers’ compensation insurance companies deny valid and legitimate claims brought by injured workers. When that happens, it is important to have a work injury attorney that can help if you receive any type of workers’ comp denial from an insurance company.

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