WORK WITH ME –
(978) 654-6670

Submitting this form does not make you a client of this office or establish an attorney-client privilege.
work injury claim form on a red clipboard

What Benefits Am I Entitled to for a Workplace Injury? As a Work Injury Lawyer, I Am Tenacious in Seeking Full Benefits for Clients

Workers’ Compensation Benefits

As a work injury attorney with over three decades of experience, I understand how confusing and bureaucratic the Massachusetts workers’ compensation system can seem. In this article, I explain the rights of injured workers under Massachusetts workers’ compensation law and the various types of benefits to which injured workers might be entitled.

If you or a loved one was injured at work, I invite you to call my office to schedule a free consultation. With the representation of an experienced work injury lawyer, your chances of securing approval for benefits increase significantly. At the Law Office of Jeffrey A. Young, I represent injured workers on a contingency fee basis, meaning that I am only entitled to a fee if I secure benefits on a client’s behalf. In most instances the insurer pays most of my fee and expenses. The only other way I am paid is if the case is resolved by a lump sum settlement. If there is a settlement, the state sets my fee at 15% or 20% of the settlement, depending on whether it is an unaccepted or accepted settlement.

Don’t Wait. Insurers only have 14 days to pay or deny your claim. Learn how to improve your chances of having your claim approved.

call now to speak with me directly

How Does Workers’ Compensation Work in Massachusetts?

In Massachusetts, workers’ compensation is a system designed to protect employees who get injured or become ill due to their jobs. Any worker injured on the job may qualify for benefits, regardless of whether they were partially at fault for the accident.

What Types of Workers’ Compensation Benefits May Be Available for Work Injuries?

When a legitimate job-related injury occurs, the injured worker may be entitled to benefits to cover medical costs and compensate for lost wages. The following benefits may be due to an injured worker:

Medical treatment and testing must be approved by a Utilization Review provider. Essentially, the proposed treatment has to be reviewed, usually by a nurse, to see if it is an appropriate treatment for the injury under guidelines set by the state.  If the treatment is initially denied, an Expedited Appeal should be requested. The request has to then be reviewed by a medical provider of the same specialty as the requesting provider. Sometimes, the provider and the reviewer will discuss the treatment via the telephone. If the proposed treatment is denied a second time, then a claim can be filed with the Department of Industrial Accidents (DIA), and a Judge can decide if the treatment should be paid for by the insurer.

This can be a complicated process that delays treatment. An experienced workers’ compensation attorney can help speed up the process.

The state sets minimum and maximum benefit rates that are tied to the Massachusetts State Average Weekly Wage and changes every October 1st. This benefit can be paid for a maximum of 156 weeks.

As with the other benefits, there are minimum and maximum rates that are tied to the Massachusetts State Average Weekly Wage. There is also a possible Cost of Living Adjustment depending on whether it would affect any Social Security benefits you might be getting.

If you could not work the one job due to the injury but could continue working the other job, then the AWW for each would be combined and you would be entitled to Partial Incapacity benefits based on the combined AWW and what your gross wages are from the job you are able to continue working.

It is vital to make informed decisions about workers’ compensation benefits, considering all the factors and potential outcomes. As an experienced work injury lawyer, I can help guide you through this complex process, ensuring you receive the maximum benefits to which you and your family are rightfully entitled.

If You’re Hurt On The Job, Schedule A Free Consultation With An Experienced Work Injury Attorney.

While Massachusetts workers’ compensation laws are designed to help protect injured workers, insurance companies want to make a profit. It’s important that injured Massachusetts workers seek the best work injury lawyer to make sure that their rights are protected and that they are treated fairly.

Contact the Law Office of Jeffrey A. Young for a free consultation. Let my experience work for you. Call 978-654-6670.

WORKERS' COMPENSATION BENEFIT FAQS

Yes, other benefits may be available to an injured worker, such as:

  • Social Security,
  • Short- or Long-Term Disability Insurance,
  • Unemployment benefits,
  • Public Assistance, and
  • Massachusetts Paid Leave.

How all of these affect the injured workers’ compensation benefits can be complicated. Some can be collected in addition to the workers’ compensation benefit. But some will be reduced by workers’ compensation benefits. And some, such as Massachusetts Unemployment benefits, may prevent or reduce the payment of workers’ compensation benefits.

If you intend on filing for non-workers’ compensation benefits for a work-related injury or illness, I highly recommend engaging with an experienced workers’ compensation lawyer from the outset to determine which benefits may be the most advantageous.

Under Massachusetts Workers’ Compensation laws, you cannot force the insurer to pay a settlement of your case. You also are not entitled to compensation for pain and suffering. In some cases though, the insurer will offer a lump sum of money to “settle” your case. This can mean different things depending on whether or not your case is an “accepted liability” or “unaccepted liability” case.

An accepted liability case is one where the insurer has agreed that they are responsible for the work injury, or has been ordered to be responsible by a Judge’s decision. In an accepted liability case, the insurer will be paying the lump sum settlement to end the weekly benefits or wage checks. They will also want to include payment of any loss of function and disfigurement benefits that might be due as part of the settlement. With this type of a settlement, the medical treatment benefits continue indefinitely. The insurer will have to continue paying for all reasonable, necessary, and related medical treatment.

An unaccepted liability case is one in which the insurer is disputing liability for the injury. If the case is settled on an unaccepted liability basis, the insurer makes a one-time settlement payment which ends its responsibility for any further benefits. If the case is one that may be hard to prove, such as a heart attack case, then it might be settled on an unaccepted basis.

Lump Sum Settlement values are estimated based on the amount of weekly benefits being paid, the age and health of the injured worker, the possibility of a judge finding the injured worker can or cannot perform any gainful employment, the estimated present value of the possible future payments, and other factors. Having an attorney who can realistically estimate the value of a lump sum offer is extremely important, as all settlements must be reviewed by a Judge from the DIA to determine if the settlement is in the best interests of the injured worker.