If you were injured in a workers compensation accident in Massachusetts there are certain things to do, and not to Read More…
1) Do I need money up-front to hire you?
No. My office only gets paid if we get you a settlement, or, if your case goes to trial, a victory at trial. My office charges the standard 33 1/3 % as a legal fee.
2) Do I have a case?
This depends on a number of factors. Were you injured? Is someone responsible for your injury? Is there insurance? Has the statute of limitations passed? Basically, this question does not have a standard response, but rather is dependent on a number of factors.
3) Will I have to go to trial?
qMost cases do settle prior to trial. However, there is always a chance that your case can go to trial if the sides cannot settle the case.
4) How long do I have to bring a claim?
In Massachusetts, some claims have longer, or shorter, statute of limitations. Many claims have a three years statue of limitations in Massachusetts, but some do not. Each case is fact specific.
5) If I refuse ambulance transport does that mean I do not have a case?
No. The fact that you were not taken from the scene of your accident by ambulance does not mean you do not have a case.
6) How much do you charge for an initial consultation?
Our office charges nothing for consultations.
1) Do I have a case?
It depends. Is the other party at fault? Are you at fault? If liability can be established against the other party, and you were injured, then you probably have a case worth pursuing.
2) How long does the process take?
That also, depends. Basically, when you are finished with your medical treatment is a good time to open a dialogue with the insurance company about reaching a possible settlement. Some cases take months, some take years, but the average case takes roughly 6 months to settle, from the date of the injury.
3) How long do I have to bring a claim?
Most Massachusetts personal injury cases have a 3-year statute of limitations, but some have a shorter, or longer limitations period.
Each case if of course different. Factors that are considered are whether or not liability or fault can be established against the other party; how much your medical bills total; for how long did you have to receive medical treatment for; did you lost wages; any permanent injuries, etc.
5) Will I have to go to court?
The vast majority of cases do settle, but sometimes lawsuits are necessary. Even after a lawsuit is filed a case can still settle. Trial is always a possibility, but it is really only a remote possibility. I am a Massachusetts personal injury lawyer that has experience going to court and trying cases in front of juries.
We do not collect a legal fee unless we recover compensation for you. That is called a contingency fee.
What Wages Can I Receive?
If you are completely unable to work you may be entitled to total disability benefits. These benefits are 60% of your gross weekly wages. If you have some work capacity and can partially perform your job duties, then you may collect partial disability benefits equal to 75% of your total disability rate.
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 settllement, depending on the terms of the settlement.
Can I Sue My Employer?
You generally in Massachusetts are prohibited from suing your employer for a workers compensation accident.
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.
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