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Boston Workers’ Compensation Lawyers
Have you been injured at work? For over 50 years, the Boston, Massachusetts-based personal injury attorneys at Altman & Altman LLP have made it a priority to help injured workers collect workers’ compensation payments while recovering in order for them and their families to continue living their lives.
Our experienced work injury lawyers are available around the clock to answer your questions or to provide you a free case consultation. To speak to a local and dedicated workers’ compensation lawyer, give us a call at 617.492.3000.
We handle all types of Workers’ Compensation Cases, including but not limited to:
- Failure to Pay Wages
- Scaffolding Accidents
- Crane Accidents
- Construction Site Blasting Accidents
- Other Work Related Injuries
- Industrial Accidents
- OSHA Workplace Investigations
- Work Injuries
- What Is an OSHA Violation?
- Accidental Electrocution – A silent workplace killer
- Trench Accidents and Safety Requirements
- Forklift Injuries
- Roof Collapse Accidents
- Injuries From Falling Debris
- Roofing Injuries
- Floor Collapse Injuries
- Ironworker Injuries
- Amazon Warehouse Worker Injuries
- Construction Site Fatalities
- Injuries at Home Depot
- Injuries Sustained at Target
What is Workers’ Compensation?
Workers’ compensation law guarantees benefits to workers that get hurt on the job—even if the worker caused the accident. In Massachusetts, workers’ compensation benefits may help cover your medical costs and disability payments, and can provide up to 60% of your average income (or greater if your injury resulted in a disability).
Workers’ compensation funds can provide substantial payments for permanent disfigurement or scars, vocational retraining if the injury prevents the worker from returning to their original job and death benefits for immediate family members if the worker was killed on the job. In return for this “guarantee,” an employee is not allowed to sue his or her employer for any work-related injuries.
Unfortunately, receiving your legally protected right to benefits is not always straightforward, and employers and their insurance companies have been known to claim that an injury did not happen at work or provide fewer benefits than is required by law. An insurer or employer may also try pressuring an employee to return to work sooner than recommended, or threaten acts of retaliation if they seek out compensation.
If your claim for benefits is being denied or disputed, you should contact our Boston workers’ compensation law firm immediately. Altman & Altman LLP has a long history of protecting our clients from insurers and employers that try to prematurely cut off compensation benefits and, when necessary, we have negotiated for the highest possible injury settlements and fought for the most lucrative verdicts.
5 types of benefits workers are entitled to:
Partial Disability Benefits
Partial disability benefits are available to workers who become limited in the type or amount of work that they can perform due to an injury. In MA, partial disability benefits enable injured workers to collect 60% of the wages the worker would have earned if not for the injury. Alternatively, an injured worker may receive 60% of the wages that he or she has lost as a result of a work injury. These benefits are paid on a weekly basis.
Disfigurement and/or Loss of Function
Massachusetts workers can receive workers’ compensation benefits for any disfigurement(s) and/or loss of function of a body part that occur as a result of an injury while at work – such as permanent scarring on the face, neck or arms – and are also entitled to benefits if an injury caused partial or permanent loss of function to any part of their body, such as their arms or legs.
Total Disability Benefits
Total disability benefits are available to workers who are rendered totally unable to perform any work as a result of their injury. These benefits entitle an injured worker to receive 60% of his or her average weekly wage, and injured workers may continue to receive total disability benefits for up to 156 weeks (3 years).
Total & Permanent Disability
Total and permanent disability benefits allow permanently injured workers to recover 60% of his or her average weekly wages. In addition to these payments, injured workers can receive payments to offset the increase in the cost of the worker’s living expenses following the injury. These benefits can continue to be paid to the worker for the rest of their lives.
Death Benefits
When a loved one has been killed on the job, no amount of money can compensate you for such a loss. However the surviving spouse and/or children may bring forward a workers’ compensation claim in order to receive 60% of the average weekly wage that the worker would have earned, as well as other benefits depending on the circumstances.
Third Party Lawsuits
Even if you do receive the full benefits that you are owed, this still may not fully cover all costs associated with your injury, especially if you suffered a traumatic brain injury, a serious burn injury, a spinal cord injury, or another kind of catastrophic injury. Altman & Altman LLP will thoroughly investigate your work injury case and examine all avenues of recovery for you.
There may be third parties, such as the manufacturer of a defective machine or a negligent contractor, whose negligence or carelessness caused your work accident. Our Boston, Massachusetts personal injury lawyers and wrongful death attorneys can file claims or lawsuits against all negligent parties so that you can receive the compensation owed to you.
In our long and successful tenure, we have helped a wide range of employees in the Greater Boston Area, as well as throughout Massachusetts, including office workers, construction workers, government employees, truck drivers, delivery persons and restaurant workers receive the benefits they are owed in a timely fashion.
To ask for your free consultation with Altman & Altman LLP, call 617.492.3000 or toll free at 800.481.6199. Our Boston, Massachusetts workers’ compensation law firm is located in Cambridge, and we represent clients all over Massachusetts.
Worker’s Compensation FAQs
What Happens if my Employer is not Adequately Insured?
Answer: Massachusetts requires that all employers carry workers’ compensation insurance. If your employer does not have workers’ compensation insurance policy and you are injured or become sick and cannot work, then you can file a claim with the Massachusetts Workers’ Compensation Trust Fund. This fund was established by the Department of Industrial Accidents and is designed to pay your benefits if your employer does not have workers’ compensation insurance. You can also sue your employer for failure to carry workers’ compensation insurance. With a lawsuit, your uninsured employer may be required to cover your medical bills, pain and suffer, and lost earnings. Contact an attorney to help you better understand your rights to ensure that you receive the compensation that you deserve.
Who can Qualify for Workers’ Compensation?
Answer: Individuals who are disabled for 5 full or partial calendar days may quantify for workers’ compensation benefits. Note that these days do not need to be consecutive. You have 4 years from the date of your injury or date that you realize that your injury is work-related. If your injury leaves you disabled for less than 5 full or partial days, then you can file a “medical only” claim which is reported to your employer’s worker’s compensation insurance company.
How Long do I Have to File a Workers’ Compensation Claim?
Answer: You have 4 years from the date of your injury or date that you realize that your injury is work-related to file your claim.
What if a Work Accident Causes a Family Member’s Death?
Answer: If your family member died as a result of a work accident, you may be entitled to accidental death benefits under Massachusetts General Law Chapter 152 Section 31. Some of these benefits include burial expenses up to $4,000 and weekly benefits that equal two-thirds of the deceased family member’s average weekly wages provided there is no remarriage and the widower remains “dependent.”
What Benefits can I Receive Under Workers’ Compensation?
Answer: There are several different types of benefits that you can receive under workers’ compensation claims. These include: temporary total incapacity benefits, temporary partial incapacity benefits, permanent and total incapacity benefits, medical benefits, scarring and permanent loss of function and disfigurement, survivors’ and dependents’ benefits and burial costs, and vocational rehabilitation. You may qualify for one or several of these benefits depending upon the details of your claim.
How Much Time From Work do I Need to Miss to Receive Workers’ Compensation Benefits?
Answer: You must miss five calendar days of work before becoming eligible for workers’ compensation benefits.
What is the Difference Between Partial and Total Disability?
Answer: Partial disability means that you have been injured but are able to work in some capacity. Your benefit amount will depend on the extent of your injuries, including the seriousness of your injury, if you are expected to fully recover, where on your person you were injured. Total disability means that you have been injured and your injury prevents you from working and earning any wages.
When can I File a Workers’ Compensation Claim?
Answer: To quality for workers’ compensation, you must have been unable to work for five or more full or partial days. You should complete the Employer’s First Record of Injury or Fatality form within seven days of your fifth day of lost wages. This form alerts your employer’s insurance company that you have been injured and are unable to work, which can begin the process of filing your claim.
When would I receive workers’ compensation benefits?
Answer: Your workers’ compensation benefits begin on the 6th day of your disability.
What can I do if my workers’ compensation claim is denied?
Answer: The insurer has 14 days to review your claim to determine whether they will approve or deny the claim. If the claim is denied, you can contact the Department of Industrial Accidents (DIA) to file Form 110-Employee Claim to appeal. The form will ask various questions about your injury, including the date of the injury, the days of work missed, the workers’ compensation insurance company name, what areas of the body were injured, your doctor providing your care, and copies of your unpaid medical bills. The DIA will then review your claim and begin the appeals process.
Who Will pay my Medical Bills for a Work Injury?
Answer: If your employer carries a workers’ compensation policy as required by Massachusetts law, then the insurer is required to pay your medical bills and costs associated with your injury.
What Types of Medical Bills Does Workers’ Compensation Cover?
Answer: All medical bills, including visits to see your doctor, emergency care, surgery, pain medications, hospital visits, and other recommendations from a physician to treat your injuries.
How Will my Medical Bills be Paid?
Answer: Typically, the provider treating your injuries will send your bills directly to the workers compensation insurance company rather than you paying for your bills directly and waiting to be reimbursed.
What are the Minimum and Maximum Amounts for Disability Benefits?
Answer: Each October, the Division of Unemployment Assistance determines the annual minimum and maximum workers’ compensation rate for the date of an injury. If you have been temporarily but totally disabled, then weekly benefits are equal to 60% of your average weekly gross wages prior to your injury. If your injury is a total disability and permanent, then the weekly benefits are equal to 66.67% of your gross wages prior to your injury.
What is the Difference Between Partial and Total Disability Benefits and How are my Lost Wages Calculated?
Answer: Disability benefits range depending upon the severity of your injury. Temporary total disability: you may receive 60% of your gross average weekly wage based on the state’s average weekly wage at the time of your injury for up to 156 weeks. Temporary partial disability: you may receive 75% of your weekly total temporary benefits for up to 260 weeks. Permanent and total disability, you may receive 66% of your gross average weekly wage with a minimum that you can collect at 20% of the state avenger weekly wage at the time of your injury. You may also receive an annual Cost-Of-Living Adjustment (COLA). These benefits are available for the length of your disability.
Can I Settle my Claim for a Lump Sum Payment?
Answer: Yes, you can settle your claim for a lump sum payment. In order for this to happen, all parties to the claim must agree upon a total amount, and the DIA must also approve the settlement amount. You should consult an experienced workers’ compensation attorney to help determine whether a lump sum payment is best for your injuries and your case.
How Long can my Benefits Continue?
Answer: You can receive temporary total disability benefits for up to 156 weeks. You can receive temporary partial disability for update to 260 weeks. If you have a pertinent and total disability, then your benefits are available for as long as you are disabled.
What Types of Injuries are Covered by Workers’ Compensation?
Answer: Many different types of injuries can be covered by workers’ compensation. These injuries can include falls, repetitive stress injuries (such as carpal tunnel syndrome), burns, car/bus/truck accidents, brain injuries, and many others. If you have been injured in any way while working and have been unable to work for 5 or more days because of your injury, you may have a claim for workers’ compensation.
If Someone Other Than my Employer Caused me to get Hurt, What Should I do?
Answer: You may have a workers’ compensation claim even if your employer did not directly cause your injury. For example, you may injure yourself while using a machine that was defective. You may have the right to file a lawsuit against the company that produced the machine. Consult your attorney to review the details of your case to determine the best course of action to obtain the financial support that you are entitled to receive for your injury.