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Workers’ Compensation

Workers’ Comp Attorney Massachusetts

You are a Boston worker, and you need your workers’ compensation claim to be handled right.

It’s important to find experienced, qualified help. The wrong personal injury attorney can cost you.

But the right compensation attorney can save you thousands of dollars and make sure that you are receiving the full amount of benefits to which you are entitled.

Workers' Compensation: An Overview

If you are injured at work and cannot earn your full pay for five days or more, or if you need medical care as a consequence of an accident at work, you may be eligible for Workers’ Compensation benefits. Worker’s compensation laws are written and exist in every state of the union, although they vary from one to another. 

All workers’ compensation laws, on the other hand, are meant to be “no-fault” legislation in favor of the injured worker. The law requires to have workers’ compensation insurance for the benefit and protection of all employees. 

Massachusetts law mandates a “no-fault” insurance scheme that guards employers against personal responsibility for an employee’s workplace accident. Injured employees may obtain workers’ compensation payments instead of suing for personal injury damages in court, regardless of who was to blame for the accident.

Massachusetts encounter a slew of hazards in their workplace daily. Employees experience some “wear and tear,” whether they are hanging from bridges or sitting behind a desk, and they often push through the pain to complete their tasks.

Workers with pre-existing conditions are also eligible for workers’ compensation payments. They must prove that a job-related accident worsened their condition. The employment injury must have directly caused the aggravated damage, necessitating reimbursement for further medical treatment or disability leave. 

If you have been injured on the job, the knowledgeable Massachusetts Workers Compensation Lawyers can assist you.

Workers' Compensation Civil Lawsuits in Massachusetts

workers' comp attorney

Employees insured by workers’ compensation in Massachusetts may not sue their employer for extra compensation under the state’s exclusive remedy rule.

However, if other guilty parties than the employer, they may be held liable in a civil case. For example, if a worker is hurt due to a machine malfunction, the maker of that equipment may face third-party liability.

Similarly, if a worker is harmed in a vehicle accident, the at-fault driver/insurer may be sued.

Injuries Covered by Massachusetts Workers' Compensation

Covered personnel under the Workers’ Compensation Act who suffer from the following employment injuries or illnesses are eligible for benefits:

  • Visible injuries or trauma
  • Diseases and Illnesses (i.e., COPD, Cancer, Hepatitis, COVID-19)
  • Mental/emotional illnesses
  • Scarring or Disfigurement

When you file for worker compensation payments, the insurance company will want to know everything about your injury. Most injuries should be covered as long as they happened while you were on the clock and doing your work obligations.

Suppose you were injured at work in Boston and are now coping with the symptoms of post-traumatic stress disorder (PTSD), severe depression, crippling anxiety, or other mental health difficulties resulting from the injury. In that case, you should be covered by workers’ compensation for these conditions.

For work-related ailments, you may be entitled to workers’ compensation payments. For example, if you work in the construction business and have been frequently exposed to asbestos and acquired mesothelioma, your employer’s worker compensation coverage should kick in to compensate you.

Experienced Job Injury Lawyer Assisting Employees in Boston

The dedicated and experienced workers’ compensation lawyer at The Law Office of Barry Feinstein & Affiliates P.C. has assisted many injured Massachusetts workers with asserting their legal right to benefits following a work-related injury, whether this is a car accident, a slip, and fall, a construction accident, exposure to harmful substances, or another accident or illness.

Most people who are hurt at work have questions about the process and how to protect their rights. Our Boston workers’ compensation lawyer is ready to assist you with navigating the system smoothly and efficiently while maximizing your recovery.

The workers’ compensation system is designed to provide benefits to workers who are injured on the job or as a result of their job-related duties.

The benefits include payments for lost weekly wages, reimbursement for medical costs, vocational re-training costs, and other costs and losses associated with the injury. In the unfortunate event that someone loses his or her life as a result of an accident, the system can provide compensation for funeral costs and death benefits.

Types of Workers' Compensation Benefits Temporary Total Disability

If you incur a work-related injury and cannot do your job for five days, you are eligible for TTD cash payments. Payment is made at approximately 60% of your typical weekly earnings.

Partial Disability

If you can return to work after a job-related sickness or accident but can only do certain tasks (light duty), you are called partly handicapped. If you are partially incapacitated, you are entitled to approximately 75 percent of the difference between your average weekly salary before the injury and your average weekly wage or earning capability after your partial impairment.

Permanent and Total Disability

Suppose you are still fully incapacitated from your previous job and any other job. In that case, you may be eligible for permanent and total disability payments for the rest of your life. You may also qualify for an annual cost of living allowance. If approved, you will get approximately 66 percent of your weekly pay, up to the maximum of the statewide average.

How Long Will I Have to File a Workers' Compensation Claim?

In Massachusetts, the statute of limitations for workers’ compensation claims is four years from your accident. This implies that you may only pursue a workers’ compensation claim if the injury occurred within the past four years.

The Department of Industrial Accidents (DIA) may sometimes extend the four-year timeframe for submitting claims. If you were hurt in a workplace accident but didn’t realize it until much later, you may be eligible for an extension to file a worker compensation claim.

For example, certain occupational ailments might develop over time due to regular exposure to dangerous substances. In some situations, the DIA may extend the period you have to make a claim.

When you tell your employer of a working injury, your employer has one week to contact the insurance carrier. The insurance company has around 30 days to notify the injured employee whether or not the claim has been approved or refused. If your claim was denied or your employer failed to inform the worker compensation firm on time, you may file a claim with the Massachusetts DIA. 

This is a complicated procedure, and it is important to have an expert Massachusetts workers’ compensation lawyer on your side to assist you in achieving the benefits you deserve.

Can I still get Massachusetts worker's compensation after finding a new job?

It is feasible to locate a new job after collecting workers’ compensation without losing all of your benefits. The kind and quantity of benefits you get may vary. The amount of money you get from workers’ compensation may be lowered in proportion to your new income. 

If you make more money than before your injury, you may forfeit your full worker’s compensation payout. 

However, your medical care for work-related injuries should still be covered. If you have obtained new employment but still need workers’ compensation benefits, call a workers’ compensation attorney.

Establishing Your Right to Benefits in the Workers' Compensation System

The Department of Industrial Accidents is responsible for administering workers’ compensation benefits in Massachusetts. This agency will receive the initial claim paperwork and resolve any disputes between the worker and their employer or their employer’s workers’ compensation carrier about the benefit payments that they will receive. If you exhaust your appeals in this agency, a court in the state court system will review the matter and make a final decision.

In some instances, the claims process can be very long, especially if there are disputes among the medical experts involved regarding whether pre-existing conditions contributed to the work-related injury or whether the workplace injury was a direct result of employment-related duties. Having a seasoned worker’s compensation attorney in the Boston area guide you through this process can help ensure that it goes as smoothly as possible.

Also, just because an injured worker is initially awarded benefits does not guarantee that he or she will be awarded benefits permanently or receive reimbursement for any medical expenses in the future. Once you file your workers’ compensation claim, you will undergo a medical examination to determine the nature and extent of your injuries. 

As a Boston workers’ compensation attorney can explain, the physician will assess whether your injuries are temporary or permanent and partial or total. A temporary and partial injury will typically warrant a smaller award of benefit payments than a permanent and total injury. If you disagree with the conclusion of the doctor who examines you, there are ways to have an impartial physician review to provide another opinion.

Ultimately, it is up to the administrative law judge to determine the nature and scope of your injuries based on the medical evidence and testimony provided. Determinations regarding your ability to accept light duty work and the date when you may be able to return to your usual occupational duties will also be considered in determining the number of benefits and reimbursement that you are entitled to receive and the duration of your benefit payments.

Speak with an Experienced Workers' Compensation Lawyer in Boston

If you were injured at work, our workers’ comp lawyers are ready to answer your questions and help you determine whether you are entitled to workers’ compensation benefits. Many different injuries may qualify for disability benefits payment and reimbursement, so you must explore your potential rights even if you are unsure whether you are eligible.

We have provided legal counsel to workers and their families in Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, and Peabody.

We provide a free consultation to help you learn more about the legal system and how we can assist you. Contact us online to get started if you have been injured in a slip and fall, a motor vehicle collision, an encounter with a dangerous or defective product, or another accident on the job.

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