Law Office of Christopher Earley
 

Boston Workers Compensation Lawyer

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You got hurt at work.  You don’t know what you are supposed to do next.  You came to the right place for help.  You need to have Boston workers compensation lawyer Christopher Earley on your side to help you get the compensation you deserve. The insurance company has their workers’ compensation lawyers. You need one too.

A work injury can cause many problems. You can’t work, you are injured, you have medical bills, and you don’t know what you are supposed to do next.  I am a Boston workers compensation lawyer that can help you with all these issues, so you don’t have to worry about them.

We only get paid if we win your case.

Getting hurt at work can be frustrating, painful, and stressful.  You are unable to work and you don’t know where to turn next.  The insurance company is sending you paperwork and you don’t know what you are supposed to do.  Making sure you protect yourself, and your rights, is critical.

When To Hire A Workers Comp Attorney in Massachusetts 

The decision on when to hire a workers comp lawyer is likely one you are facing. If you had a work injury it is important to have representation.  Not having legal help on your side only serves to help the insurance company take advantage of you.  Don’t let that happen!

I am a Boston workers compensation lawyer that gives you personal representation from start to finish.  We will always return your phone calls and will keep you updated on the status of your case. We will also work tirelessly to maximize all of the benefits you are entitled to.

Why A Boston Workers Compensation Lawyer Can Help

The last thing you want to do following a work injury is to make the situation worse by not having representation. The insurance adjuster is likely very nice to you and seems to really care about you. Nothing could be further from the truth. Before you know it you are signing documents and waiving rights you didn’t even know you had.

All of a sudden, the already stressful situation you find yourself in is only getting worse. You find out your workers comp checks are suddenly going to be terminated, or reduced. Or, that the insurance company refuses to pay for the medical procedure you dearly need to have. Since a your lawyer only gets paid if you win the benefits you are owed, it doesn’t make sense not to have a Boston workers compensation lawyer on your side.

What Is Massachusetts Workers Compensation Law?

Workers’ compensation in Massachusetts is a compromise between workers and employers.  The framework of Massachusetts workers compensation law is found at M.G.L c. 152.

When workers in Massachusetts get hurt at work, they are entitled to be compensated for their medical bills and missed time from work. Such compensation is paid even without a showing of fault on the part of the employer. In exchange, workers cannot sue their employers for negligence in court. This protects employers from litigation, and helps to avoid litigation.

Here are some of the benefits our Massachusetts workers compensation law firm will pursue for you:

Medical Bills.  As long as the work-related medical treatment you receive is reasonable and necessary, then the workers compensation insurance company needs to pay for it.  If they refuse to pay these bills, we can file a claim for you in court.

Wages.  If you are totally disabled from working, you have the right to temporary, total disability benefits. This weekly benefit wage rate is 60% of your gross weekly wages.  If are able to work light duty, then you may collect 75% of your total disability rate of pay.

Loss of Function.  You may collect a one-time payment for any loss of function of a body part you sustain as a result of your work accident. This percentage is assigned by a doctor.

Scarring.  If your work accident resulted in scarring to your neck, face, or hand(s) then you may collect a one-time payment for the scarring.  The amount you may collect for scarring is set by law.

Boston Workers Compensation Attorney FAQ’s

Do I Really Need A Lawyer For a Work Injury?

It can only help you to have representation on your side if you had an accident at work that caused you to be injured.

What Does A Boston Workers Compensation Lawyer Do?

Workers compensation lawyers represent people who have been injured at work.  The representation involves investigating all benefits the client is entitled to, negotiating with workers compensation adjusters and attorneys, going to the Department of Industrial Accidents, collecting and analyzing medical records, as well as other tasks.

How Are You Paid?

Fees for Massachusetts workers compensation lawyers are set by law.  If a claim is denied and we are successful in getting you workers compensation benefits, the insurance company pays us. If a lump sum is reached, the attorney’s fee is either 15% or 20% of the settlement, depending on the terms of the settlement.  This all means you don’t need any money to hire us.

Can I Get Pain and Suffering?

No.  Massachusetts workers compensation law does not allow you to collect pain and suffering compensation for a work injury.

What If I Work Two Jobs?

If you have concurrent employment and were injured at one of your jobs – preventing you from working your second job – you can collect workers comp benefits for all wages you lose from both jobs, as a result of your work injury.

Can I Sue My Employer?

You generally in Massachusetts are prohibited from suing your employer for a workers compensation accident.  You may however sue a third-party if it had a role in causing your work accident.

What Is An Independent Medical Exam (IME)?

If you are out of work and receiving workers compensation checks, the insurance company will likely have you attend an IME in order to reduce or terminate your benefits. You have to attend this exam. You may request the insurance company to provide you with transportation.

What If My Employer Does Not Have Workers Compensation Insurance?

This happens quite a bit.  Even if your employer does not carry workers comp coverage, you may still bring a claim for benefits.  The Massachusetts Workers Compensation Trust Fund provides benefits in this situation.  The employer can be subjected to severe penalties should it not carry workers compensation insurance.

How Can I Find A Workers Comp Lawyer Near Me?

Hire us.  We will come visit you at home, or wherever is convenient for you.  We handle workers compensation cases throughout Massachusetts.

What Injuries Are Covered?

Massachusetts workers compensation covers all injuries arising during the course and scope of employment.

Can I Go To Any Doctor I Want For My Medical Treatment?

Yes, but you may be required to see the insurance company’s doctor at some point for an Independent Medical Exam.

Who Is Covered Under Workers Comp Law?

Only employees.  Independent contractors do not qualify for Massachusetts workers comp benefits.

Will My Case Settle?

Depending on the case, it may make sense to lump sum settle your benefits. We can negotiate a favorable settlement for you.  This would be a one-time payment that would close out your claim for your wages.  Depending on the terms of the settlement, the insurer may have to pay for your future medical treatment as well.

Can I Collect Workers Compensation Benefits If I’m At Fault For The Accident?

Yes. Massachusetts workers comp benefits are no-fault benefits.  As long as your injuries arose during the course and scope of your employment, you are eligible for workers compensation benefits.

What is the Statute of Limitations for Massachusetts Workers Compensation Cases?

Four years from the date of injury.

Do I Have To Go To Court?

If a claim is filed in court (Department of Industrial Accidents), you don’t have to go to the Conciliation, but if the claim advances to Conference, you will need to go to that event with your workers comp lawyer.  The same is true if the claim goes to a Hearing.

Are Massachusetts workers compensation checks and settlements taxable?

No. Neither Massachusetts or federal law requires taxes to be paid on workers compensation checks and settlements.

Boston workmans compensation attorney

The Massachusetts Workers Compensation Claim Process

If you had a work injury in Massachusetts and miss 5 days from work, your employer must complete a Form 101.  This form must be filed within 7 days of your 5th missed day from work. The form is then sent to your employer’s workers compensation insurance company.  The insurance company has 14 days following its receipt of the Form 101 to start paying you, or to deny your claim.

If the insurance company agrees to start paying you, they will file a Form 103.  If they deny your case, they will file a Form 104.  

If the insurance company denies your case, then a claim for benefits needs to be filed.  That is done with the filing of a Form 110.  Our Boston workers compensation lawyer can prepare and file this important document for you.

The Massachusetts Workers Compensation Court Process

All Massachusetts workers compensation disputes are handled at the Department of Industrial Accidents. This court has branches in Boston, Lawrence, Fall River, Worcester, and Springfield.  The Department of Industrial Accidents is an administrative law court with administrative law judges.

Here are the steps that follow once your claim is filed in court against the insurance company:

  • The first step is the Conciliation which is when you (if you do not have an attorney) or your attorney appears in front of a Conciliator. The attorney from the workers compensation insurance company will be present.

 

  • If the case does not settle at Conciliation then the matter will be sent forward for Conference.

 

  • At the Conference you, your attorney, and the attorney from the insurance company will be present. A judge will hear from both sides and will issue an order.  The order will issue a few days after the Conference.

 

  • If either party wishes to they may appeal the Conference order, but this must be done within 14 days of the date of the order.

 

  • Next is the Hearing which will be several months after the Conference.  Oral testimony will be given and the judge will make a decision and the parties will be notified of the decision.

 

  • The final stage of the dispute process is the Reviewing Board which will take many months after the Hearing.  This appeal stage must be requested 30 days after the Hearing decision is issued.

What We Offer You

  • Personal attention to each client we serve.

 

  • Relentless dedication to achieving the best possible result for your case.

 

  • Experience dealing with and effectively negotiating with insurance company adjusters and lawyers.

 

  • Peace of mind.  Let us handle your case so you don’t have to worry about it while you recover from your injuries.

Workers Compensation Attorney In Boston For Third-Party Liability Claims

Sometimes injured workers have not only a workers compensation claim, but also a third-party liability claim for negligence as well.  These claims arise from work accidents that were due to the fault of a person or company not connected to your employer.

An example would be a car accident.  If you are operating a vehicle for work and someone negligently hits you, then you have a workers compensation claim since you were hurt on the job.  But you also have a third-party claim for negligence against the person who hit you.

Or, if you slip and fall at work in the parking lot due to snow and ice there is both a workers comp claim, and a third-party claim, if a third-party such as a snow removal company negligently failed to clear the snow and ice in the parking lot.

Common Causes of Massachusetts Workers Compensation Claims

Common Types of Workers Compensation Injuries

What To Do After A Workers Compensation Accident In Massachusetts

  • Report The Accident Immediately To Your Supervisor
  • Receive Prompt Medical Attention
  • Don’t Sign Anything The Workers Compensation Insurance Company Sends You
  • Promptly Consult a Boston Workers Compensation Lawyer

Contact A Boston Workers Compensation Lawyer For A Free Consultation 

Call us today to find out how we can help you.  We will give you a free case evaluation, and will let you know if your claim for workers comp benefits is worth pursuing.  If we accept your case, we only get paid if we collect for you Massachusetts workers compensation benefits.

Contact us now to get answers to your Boston workers compensation lawyer questions, even on nights and weekends, and read about who we are and what we do.

What Our Workers Comp Clients Say About Us…

Read what our past clients say about us, and see our Yelp reviews, and our Google reviews.  We work hard to get our clients results.  Our overwhelmingly positive reviews reflect how satisfied our clients have been with our representation.

 

More Information:

What To Do If Your Workers Compensation Claim Is Denied

What To Do If Your Workers Compensation Claim Is Not Denied

Do I Need A Workers Compensation Attorney For My Work Injury Case? 

 

Boston workers compensation lawyer representing injured workers in Boston, MA and serves clients throughout Massachusetts including Cambridge, Somerville, Chelsea, Everett, Malden, Revere, Lynn, Lawrence, Andover, Newton, Quincy, Medford, Plymouth, Worcester, Fall River, Bellingham, Weymouth, Natick, Stoneham, Wakefield, Reading, Wilmington, Burlington, Lynnfield, Saugus, Peabody, Danvers, Middleton, North Andover, North Reading, Woburn, Canton, Stoughton, Randolph, Dedham, Norwood, Mansfield, Taunton, Brockton Suffolk County, Middlesex County, Essex County, Worcester County, Norfolk County, Plymouth County, Bristol County and Barnstable County.

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