Massachusetts Injured Worker Attorney
Were you injured at work? Contact an experienced Massachusetts injured worker attorney at our firm for a free consultation. We will fight to get the compensation you deserve.
In a perfect world, workers would always be safe on the job. But whether it’s the nature of the work, a freak accident, or a negligent coworker, work-related injuries happen. They are an unfortunate, but sometimes an unavoidable part of the working world.
Work-related injuries can be devastating for any worker, including those living or working in Massachusetts. If the injury is severe, it can lead to time lost at work, compounding the injury by adding financial difficulty to an already physically painful situation.
Luckily, there are laws and administrative procedures in place to ensure injured Massachusetts workers have some form of monetary recovery for their injuries. Depending on the facts surrounding the injury, as well as the applicable laws, this compensation can pay for medical bills, and lost wages.
The legal process for obtaining this type of recovery is usually quite complex and typically requires the advice of an experienced Massachusetts injured worker attorney. The lawyer can explain the legal rights an injured worker may have and the steps they must take to take full advantage of those rights. In some situations, an injured worker will have two possible avenues of recovery: workers’ compensation and a personal injury lawsuit.
Workers’ Compensation in Massachusetts
If someone is injured as a result of his or her job, the first and primary source of recovery will be workers’ compensation. For those who are unfamiliar, workers’ compensation is a form of insurance for injured workers that provides two primary benefits.
The first is compensation for lost income due to missed work and the second is payment of medical bills. What makes workers’ compensation unique is that injured employees are entitled to these benefits regardless of who is responsible for the injury.
But there’s a catch. Subject to a few exceptions, injured employees are prohibited from suing their employer for the personal injuries that occur at work. This prohibition exists even if the employer is the cause of those injuries.
Another common issue with workers’ compensation is that it’s sometimes very difficult to obtain all the compensation the worker is entitled to under the law. Whether it’s an improper denial of the claim or requiring the worker to jump through a bunch of hoops, the workers’ compensation process does not always go smoothly. Having an experienced Massachusetts injured worker attorney by your side will certainly help.
Types of Massachusetts Workers’ Compensation Benefits
There are two main types of workers’ compensation benefits, with the first being income replacement. The exact amount as well as how long a worker may receive this benefit will depend largely on the extent of the injuries and when the worker is capable of returning to work.
Workers can receive 60 percent of their gross weekly wage for up to 156 weeks. And instances where the injury leads to a permanent disability, the workers’ compensation benefits are available for as long as the disability is present.
The second major benefit is the medical care coverage. This will pay for most, if not all, of the workers’ reasonable medical needs. This includes mileage reimbursement for travel and prescription drugs. The workers’ compensation insurance company must pay these medical bills as long as the medical care is reasonably necessary.
To learn more about filing a workers’ compensation process in Massachusetts, please check out our Workers’ Compensation Claim Page. From there, you can also get more information about all of the workers’ compensation benefits that are available.
Personal Injury Lawsuits in Massachusetts
In addition to the workers’ compensation claim process, some injured workers sometimes have the option of filing a personal injury lawsuit. This pathway for recovery usually isn’t available to injured workers, but there are two main exceptions to this rule.
The first exception applies when the employer doesn’t have workers’ compensation insurance at the time of injury. Under Massachusetts’ law, almost every business that has employees will be required to have workers’ compensation insurance.
The second exception allowing workers to file a lawsuit is when the person or entity responsible for the worker’s injury is a third party. For example, imagine an employer hires an outside construction contractor to fix a ceiling light in the office. During the repair process, the employer’s own employee becomes injured from falling debris created by the construction company. In this scenario, the injured worker may be able to sue the construction contractor directly as well as make a claim for workers’ compensation.
However, much of the litigation that arises from a work-related injury is not the result of the worker filing a personal injury lawsuit. Rather, litigation takes place when the workers’ compensation insurance company denies the worker’s claim or otherwise pays less than what the worker is entitled to.
Due to the complexity of workers’ compensation law and the appeals process, the worker is almost always better off with an attorney. Not only will the attorney ensure the worker is able to present the best case possible, but they can help prevent the worker from forfeiting any legal rights they may have and make the appeals process go as smoothly as realistically possible.
To find out more about how to appeal a workers’ compensation claim, please read out Workers’ Compensation Hearing and Appeals Page.
Do You Need a Massachusetts Injured Worker Attorney?
If you’re hurt at work, you might have questions about what your legal options are. If so, please contact my office for a free consultation with a dedicated Massachusetts injured worker attorney. We can discuss your legal situation and provide the guidance you need to obtain the compensation you deserve.