Massachusetts workers' compensation laws exist to ensure that employees who are injured or disabled on the job receive payment for their medical bills and lost wages on a no-fault basis so as to eliminate legal battles. Workers' compensation laws also provide benefits for families of those employees who are killed while working.
The workers’ compensation laws are designed to provide money and medical benefits to an injured employee. The injury may have resulted from an accident or occupational disease on the job. Because the employee forfeits his or her right to sue the employer, the employee is compensated through money for lost wages and medical benefits. Employers also benefit from workers’ compensation because they will not be sued under the common law so long as they accept the determined liability.
The Law Offices of Gilbert R. Hoy, Jr. and Affiliates have helped a large number of individuals who have been injured at their workplace. If you have been injured on the job, call us today at 617-787-3700 or email us at info@gilhoylaw.com. We will help you get the compensation you deserve.
The Massachusetts workers' compensation statute is a “no fault” wage replacement system that is designed to pay the injured worker for both medical benefits and lost wages during his or her recovery time after the accident. What “no fault” means is that it does not matter who was at fault for the injuries; even if the sustained injuries were caused by the person who was injured, he or she is still entitled to recover medical benefits and lost wages.
In many cases, injured Massachusetts workers are also eligible to receive vocational retraining if an injury at work prevents him or her from returning to their previous occupation. Because the Massachusetts workers' compensation statute is a “no fault” statute, the injured worker is not able to sue his or her employer or co-workers for the civil negligence damages called pain and suffering. While the workers' compensation statute was originally designed to protect the interests of the injured worker and his or her family, disputes between the injured worker, his or her employer and the workers' compensation insurer often arise, which undoubtedly make an already difficult situation a more challenging matter.
Studies from the Occupational Safety and Health Administration (OSHA) reveal that sustaining injuries while on the job in the United States is a relatively frequent occurrence, as approximately four in one hundred full-time workers are victims of a worksite injury. The unfortunate reality is that 40% of these injuries are the result of damaged equipment, which indicates that many job-related injuries are preventable. Under Massachusetts workers' compensation law, a Massachusetts employee who is injured on the job is generally unable to file a Massachusetts personal injury negligence claim against his or her Massachusetts employer or another Massachusetts employee. Rather, the Massachusetts employee is automatically entitled to Massachusetts workers' compensation benefits, usually in the form of lost wages and medical expenses. Oftentimes, Massachusetts workers' compensation laws provide the only available remedy for a Massachusetts employee in the event of a Massachusetts work-related injury.
The benefits that an injured Massachusetts employee is able to receive through Massachusetts workers' compensation generally include medical expenses, lost wages, disability payments and a percentage of the average income of the Massachusetts employee if the accident lead to scars or permanent disfigurement. Massachusetts vocational training is available if an injured Massachusetts employee is unable to return to his or her previous job as a result of the injuries sustained. Some of the vocational rehabilitation services to which a Massachusetts injured worker may be entitled include accommodation assistance, assistance with job searching, application and resume services, counseling, ergonomics assessment, interview coaching, labor market surveys, on-the-job training, transferable-skills analysis and testing, tuition payments and wage assessment evaluation.
If you are the victim of a Massachusetts workplace injury and are prevented from working for five days or more, you are entitled to receive Massachusetts workers' compensation benefits. These benefits include reimbursement for all of the medical expenses related to your injury and treatment with a doctor of your choice. If a temporary disability is incurred, an injured Massachusetts employee is also entitled to 60% of the average weekly wage that the individual was earning prior to the injury. In the event of a Massachusetts work-related wrongful death, the surviving dependents, generally the spouse and children, are entitled to monetary compensation. The surviving Massachusetts spouse can receive up to two hundred and fifty weeks of the deceased Massachusetts employee’s wages, in addition to annual cost of living increases. The family of the deceased Massachusetts employee is also entitled to receive payment for burial expenses of up to four thousand dollars.
Employers almost always obtain workers’ compensation because without it they are incredibly vulnerable. If an employee is injured on the job and the employer does not have workers’ compensation, the employer risks being sued civilly in court. If this occurs, the penalty against the employer is likely to be much harsher. As a result, most employers have workers’ compensation benefits for all their employees.
In the event that a Massachusetts employer acts in bad faith or is potentially guilty of criminal conduct towards a Massachusetts employee, Massachusetts employers are not shielded from liability under Massachusetts workers' compensation laws. In these situations, in addition to filing a Massachusetts workers' compensation claim, an injured Massachusetts worker is able to file a Massachusetts intentional tort claim against the Massachusetts employer. Types of Massachusetts intentional tort claims vary widely, but some examples include intentional infliction of emotional distress, assault and battery, and known exposure to dangerous working conditions. Massachusetts employers are never shielded from liability for acts of discrimination, sexual harassment, property damage or defamation. It is possible for a Massachusetts co-worker to be liable for a Massachusetts work injury if the individual is found to have intentionally or maliciously caused the injury to the Massachusetts employee. Third party claims can be filed in the event that a non-employee, for example a Massachusetts building inspector or a Massachusetts landlord, failed to correct a hazardous Massachusetts worksite condition that resulted in injury to a Massachusetts employee.
It is illegal for a Massachusetts employer to retaliate against a Massachusetts employee for filing a Massachusetts workers' compensation claim. There are many examples of illegal retaliation. Retaliation can come in the form of adverse wage action, demotion, discrimination, fabricated negative employment references, failure to promote, harassment or intimidation and isolation. Illegal retaliation can also include interference with the Massachusetts workers’ compensation claims process, negative reassignment or transfer, refusal to rehire, threats of adverse job action, undeservedly poor performance reviews, unreasonable changes in job duties, unwarranted disciplinary actions, and the withholding of other benefits, such as vacation, scheduling requests or insurance.
In the unfortunate event that you are injured during the course of your Massachusetts employment, your first step should always be to seek medical treatment. The Massachusetts workers' compensation benefits that you will be entitled to heavily depend on the extent of your documented injuries. Secondly, your employer should immediately be notified of the Massachusetts worksite accident.
It can sometimes be difficult to obtain the Massachusetts workers' compensation benefits to which an injured Massachusetts employee is entitled. Oftentimes, Massachusetts employers and their Massachusetts insurance companies will deny the extent of an injured Massachusetts employee’s injuries, or may allege that the injury did not even occur at the Massachusetts worksite. It is, therefore, critical that a highly skilled Massachusetts workers' compensation attorney from the Boston, MA Law Offices of Gilbert R. Hoy, Jr. and Affiliates be obtained as soon as a Massachusetts workplace injury is sustained to ensure that the injured Massachusetts employee is justly compensated for his or her injuries. If you or a loved one has been injured or killed in a Massachusetts job related injury, please call our Boston workers' compensation lawyers or Boston wrongful death lawyers today at 617-787-3700.
Oftentimes, There Are Little or No Workers' Compensation Attorney’s Fees To Pay.
You don’t need to pay anything up front, if anything at all.
Under the Massachusetts workers' compensation statute, the vast majority of attorney's fees are paid by the workers' compensation insurer, not by you or your beneficiaries. If you are required to retain an attorney, to either obtain benefits the insurer is refusing to pay or to defend an action of the insurer who is attempting to reduce or terminate your benefits, it is the legal obligation of the insurer to pay the attorney’s legal fees. If your workers' compensation case is resolved by lump sum settlement, an attorney may charge a fee equal to 20% of the gross settlement. To make certain that you understand all of your rights, you should discuss any questions you have with one of our Boston, MA workers' compensation lawyers. Call us today at (617) 787-3700 or email us at info@gilhoylaw.com.
First, our Boston worker’s compensation lawyers work incredibly hard to provide outstanding legal representation for every one of our Massachusetts worker’s compensation clients. As a result of our Boston worker’s compensation attorneys’ extensive legal knowledge, tenacity, determination and wide range of expertise and skill regarding Massachusetts worker’s compensation claims, our Massachusetts worker’s compensation attorneys have an outstanding track record of success and accomplishment for our Massachusetts personal injury clients. Our worker’s compensation attorneys will simply not settle for second best.
Second, our Boston, MA worker’s compensation lawyer advocates always provide our clients with exceptional client service. This is as important to us as the outcome of your worker’s compensation case. Our Boston worker’s compensation law office keeps every client fully informed of the progress of his or her worker’s compensation case. As part of this commitment, all of our worker’s compensation clients are copied on all correspondence from us, and we make it a priority to promptly respond to all phone calls and other inquiries from our clients. Our level of client service truly distinguishes us from many other Massachusetts worker’s compensation law firms. The Massachusetts worker’s compensation attorneys at our Boston, MA worker’s compensation law office never act on behalf of a client without first thoroughly discussing the matter at hand with our client and jointly coming to a decision beforehand. Our Boston worker’s compensation law office endeavors to represent each of our clients in such a manner that ensures that our clients receive the individualized, detailed attention that their unique Massachusetts worker’s compensation case deserves.
The driving motivations of superior client relations and exceptional legal counsel at our Boston, MA law firm make us a law firm you can trust.
