Workers Compensation

If you have been hurt at work, you should contact a lawyer immediately. You can Call or Text me at (508) 960-9686 for a FREE Consultation. As soon as a work injury occurs, your employer and the insurance company begin preparing to defend against your injuries. You need an attorney fighting for you immediately.

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If you were injured at work, you may be eligible for workers’ compensation benefits. If you qualify, you can receive payments to partially replace your paycheck and for medical care related to your injury. You may also be eligible for vocational rehabilitation if you need help getting back to work. If the workers’ compensation insurance company denies your claim, you can file an appeal with the Department of Industrial Accidents (DIA), which oversees the workers’ compensation system in Massachusetts. 

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The Massachusetts Workers’ Compensation system is in place to make sure that workers are protected by insurance if they are injured on the job or contract a work-related illness. Under this system, all employers are required to provide Workers’ Compensation (WC) insurance coverage to all their employees by Massachusetts General Laws Ch. 152, Sec. 25A. This insurance pays for any reasonable and necessary medical treatment related to a job-related injury or illness, pays compensation for lost wages after the first five calendar days of full or partial disability, and in some cases provides retraining for employees who qualify. The Department of Industrial Accidents (DIA) is the agency responsible for administering the Workers' Compensation law in Massachusetts.

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If you are hurt at work, I will pursue all avenues of recovery for your injury. These can include the following:

1. Temporary Total Incapacity Benefits (§ 34): You may qualify for these benefits if you are unable to work due to your work injury. You will need proof of your disability. You should ask every doctor who treats you to provide a disability note, which states "to a reasonable degree of medical certainty," the doctor's opinion on your level of disability. The Doctor should also provide an opinion on whether the disability is caused by the work injury. Some people can be disabled, but it's not always because of their work injury. If you qualify for Temporary Total Disability Benefits, you will may receive 60% of your gross (pre-tax, pre-benefits) average weekly wage. You should consult with an attorney to determine your appropriate compensation.  

2. Partial Incapacity Benefits (§ 35): You may qualify if you can still work but lose part of your earning capacity because of your injury or illness. This may include an injury forcing you to change jobs at a lower pay rate, or an injury that requires you to work fewer hours. The maximum compensation for Partial Disability is up to 75% (.75) of what your weekly total temporary benefits would be. 

3. Permanent and Total Incapacity Benefits (§ 34A): You may qualify if you are totally and permanently unable to do any kind of work as a result of a work-related injury or illness. You may be entitled to two-thirds of your average weekly wage. You may also be entitled to annual Cost-Of-Living Adjustments (COLA). Permanent and Total Disability Benefits are especially important because they can last as long as your disability, while the others are restricted to only a few years.

4. Medical Benefits (§ 13 & § 30):  You may be entitled if you suffer a work-related injury or illness that requires medical attention. You are entitled to adequate and reasonable medical care as a result of the injury or illness. You are also entitled to prescription reimbursement and mileage reimbursement for travel to and from medical visits for your work-related injury or illness. For your first visit to the doctor or hospital, your employer has the right to designate a healthcare provider within the employer’s preferred provider arrangement. After that initial treatment, you have the right to choose your own healthcare providers. The insurer has the right to send you periodically to see its doctor for an evaluation of your incapacity. 

5. Permanent Loss of Function and Disfigurement Benefits (§ 36): You may be entitled to this benefit if a work-related injury or illness results in a permanent loss of certain specific bodily functions, or if you suffer scarring or disfigurement on your face, neck or hands. You should immediately contact an attorney to help determine how much you should be paid.

6. Survivors’/Dependents’ Benefits (§ 31): You may qualify if you are the spouse or child of an employee who has died as a result of a work-related injury or illness. Children are eligible only if they are under age 18, are full-time students or are unable to work because of physical or mental disabilities. What Are The Benefits? Surviving spouses can receive weekly benefits equal to two-thirds of the deceased worker’s average weekly wage, up to the maximum of the State’s Average Weekly Wage (SAWW) in place at the time of their injury or illness. Surviving spouses become eligible for yearly cost of living adjustments two years after the date of the injury or illness.

7. Burial Expenses (§ 33): The insurer shall pay the reasonable expenses of burial, not exceeding 8 times the average weekly wage in the commonwealth as determined pursuant to subsection (a) of section 29 of chapter 151A.

8. Lump Sum Settlements: A lump sum settlement is one-time payment usually made in place of your weekly compensation checks. Be sure when accepting a settlement that you are clear on your rights, and what you may be giving up, as you must carefully consider whether settling your case is in your own best interest. You should always consult with an attorney before accepting or negotiating a Lump Sum Settlement.

Workers Compensation is a very significant benefit to the Employees of Massachusetts. In order to limit the amount they have to pay, insurance companies will often use Independent Medical Exams to stop have to pay benefits. They will also employ private investigators to try to "catch" injured workers being dishonest.

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If you have been hurt at work, you should contact a lawyer immediately. You can Call or Text me at (508) 960-9686 for a FREE Consultation. As soon as a work injury occurs, your employer and the insurance company begin preparing to defend against your injuries. You need an attorney fighting for you immediately.

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