Introduction to the Workers' Compensation Law. Workers' compensation is insurance that provides cash benefits and/or medical care for workers who are injured or become ill as a direct result of their job. Employers pay for this insurance, and shall not require the employee to contribute to the cost of compensation.
First, you should seek medical care for your injuries.
Your health and well-being are the most important concern and you should first seek immediate medical treatment. If you don’t, you run the risk of life-long consequences and permanent injury.
You’re free to receive treatment from any doctor you wish, contrary to what your employer might suggest.
Here’s what the law says:
Under the Massachusetts workers’ compensation statute (Massachusetts general laws, chapter 152), your employer is responsible to pay for all on-the-job accident-related medical care, which includes emergency care, hospital visits, follow-up doctor visits, testing, treatment and medication. This statute also entitles you to receive 60 percent of your average weekly pay, which includes regular overtime and salaries from any other jobs you might have. In other words, if you are hurt at one job, your average weekly wage is computed by looking at your earnings from all of your jobs combined.
Should you deal with it yourself or have an attorney file a claim on your behalf?
You’ve been injured and you’re in pain. The last thing you need is a feeling of uncertainty. Will all of your medical bills be paid? Are the workers’ compensation benefits you’re receiving accurate? Will you still have a job after you’ve recovered? If you can’t go back to work permanently due to the injury, can you be retrained? These questions can be answered by a qualified and experienced workers’ compensation lawyer.
Your employer could also challenge the necessity and extent of your treatment – and they often do. But remember, you’re the injured one, not your employer. You deserve and should expect to get the treatment you need and the compensation to which you’re entitled.
The workers’ compensation laws are complex. The particular circumstances of your claim will dictate whether or not you need a lawyer to protect your legal rights. At a minimum, you should seek a free consultation with an experienced workers’ compensation attorney to assess your situation. If you call us, we’ll let you know if you really need legal help. We understand that people are often skeptical about lawyers in general; we’re the exception. Read what other injured people have said about us on our Testimonials page.
What can you expect from your employer and their insurer?
Your employer should contact their workers’ compensation insurer immediately so a file can be set up on your behalf. Some employers are good about taking care of their employees while others are not. The same applies to workers’ compensation insurance companies. Sometimes they will give you all the benefits you are due. Other times they will try to take advantage of you. For these reasons, plus a number of other loopholes in the statute, you need experienced legal advice from the beginning. That way your rights will be clearly explained and you’ll be well protected.
What can you expect from us?
Personal attention, honest and proactive representation, and results. We have several seasoned attorneys who specialize in workers’ compensation cases. We have experience at all levels of the workers’ compensation process – the conferences and hearings. We also know the people; with 6 years of experience with all of the workers’ compensation insurers, we know how they operate. We will prepare your case with great care and make sure you have the best chance at success, starting with a consultation.
If you’re entitled to a settlement, we have the workers compensation lawyers to help you. At some point, you may be entitled to a “lump sum” settlement of your claim with the insurer. As part of the settlement, our goal is to keep your medical benefits “open.” This means that even after your case “closes,” you can still get free related medical treatment through the workers’ compensation insurer. In other words, we don’t just care about you now, but also into the future. You want peace of mind and we are here to see that you get it.
Call today for a consultation. We will fight for your rights: (617) 767-6301
Wrongful Death Cases
A wrongful death can impact so many lives in so many ways – a surviving spouse, siblings, parents, children, heirs of the deceased – especially if someone close to you died due to the negligence or misconduct of another. Amid the sadness, there are steps that can be taken to compensate the surviving family for damages endured in connection with the death. During this most difficult of times, an experienced Boston wrongful death lawyer can really help.
What kinds of damages are typically involved in a wrongful death lawsuit?
Loss of future net incomeLoss of companionshipLoss of supportPossible punitive damages
Is there a statute of limitations on wrongful death claims?
Yes, there is. Wrongful death statutes of limitations vary by state and range from 1 to 6 years. Since it can take a considerable amount of time to put a wrongful death case together, it is imperative that you contact an experienced Boston wrongful death lawyer as soon as possible. If the necessary papers are filed outside the applicable statute of limitations, a court may permanently deny you the right to sue.
What should you do and not do if you are the surviving spouse or child?
You should not make any major decisions without first consulting a Boston wrongful death attorney. You should also not agree to any settlement, sign a release or accept any money in exchange for releasing an individual, corporation or insurance company from liability without first knowing what insurance coverage or other recourse might be available to you and your family.
Call for a consultation and we will listen: (617) 767-6301