Justia Lawyer Rating
BBB rating badge
Best Personal Injury Lawyers in Boston
Expertise Best Car Accidents 2021 badge
Expertise Best Workers Compensation 2021 badge
Expertise Best Personal Injury 2020 badge
Expertise Best Workers Compensation 2020 badge
Awards Winner 2020
Top 100 badge
Avvo Rating
Super Lawyers
Rated by Super Lawyers
Boston Top Lawyers
BBB Accredited Business

Workers' Compensation FAQs

For those who experience an accident at work, they likely are confused and unsure on what to next. They may not be sure about how workers’ compensation works in Massachusetts. These injured workers have questions, and we have answers. Here are some answers to some common Boston workers compensation FAQs.

  1. What Wages Can I Receive?
  2. How Are You Paid?
  3. Can I Sue My Employer?
  4. Who Pays Workers’ Comp to Injured Workers?
  5. What Can Be Collected?
  6. What if My Employer Does Not Have Insurance?
  7. What Accidents Are Covered?
  8. What Injuries Are Covered?
  9. What Are Third-Party Claims?
  10. Who is Covered Under Workers Compensation?
  11. Which Court Hears These Disputes?
  12. What is the Statute of Limitations?
  13. How Can a Lawyer Help?

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.

Boston workers compensation attorney Christopher Earley fights to get you the benefits you deserve.

Back to top

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.

Back to top

Can I Sue My Employer?

You generally in Massachusetts are prohibited from suing your employer for a workers compensation accident.

Back to top

Who Pays Workers’ Comp to Injured Workers?

These benefits are paid by your employer’s workers’ compensation insurance company. The employer’s premiums to its insurance company provides these benefits to injured workers.

Back to top

What Can Be Collected?

Some benefits include payment for medical bills as well as weekly payments for missed time from work, due to the work injury.

Back to top

What if My Employer Does Not Have Insurance?

All employers in Massachusetts must have workers’ comp I insurance. If there is no insurance, the injured worker must file a claim with the Trust Fund found at the Department of Industrial Accidents.

Back to top

What Accidents Are Covered?

Generally any injury that occurs to an employee during the course and scope of employment should be covered and compensable under Massachusetts workers’ compensation law.

Back to top

What Injuries Are Covered?

Any personal injury or psychological injury can be claimed under workers’ comp. As long as a doctor says the injury claimed by the employer arise out of and during the course and scope employment, then it should be covered.

Back to top

What Are Third-Party Claims?

These typically happen with car accident cases, as well as construction accident cases. These happen when the work injury is caused not by the employee’s employer, but by a third-party.

Back to top

Who is Covered Under Workers Compensation?

Employees who are injured during the course and scope of their employment. Workers comp does not apply to independent contractors.

Back to top

Which Court Hears These Disputes?

The Massachusetts Department of Industrial Accidents is the court that hears and decides these cases. The court has five different branches located in Boston, Lawrence, Fall River, Worcester and Springfield.

Back to top

What is the Statute of Limitations?

Unlike with personal injury cases that have three year statute of limitations, workers’ compensation accident cases have four statutes of limitations.

Back to top

How Can a Lawyer Help?

A workers compensation lawyer can help you get the benefits you are entitled to. Frequently workers’ compensation insurance companies deny valid and legitimate claims brought by injured workers. When that happens, it is important to have a work injury attorney that can help if you receive any type of workers’ comp denial from an insurance company.

Back to top

Raving Fans
"I find Christopher Earley to be one of the most professional and compassionate attorneys I have ever met. After having a personal injury, what you need is expertise, experience, and especially compassion and kindness. All of these things define Christopher Earley. I highly recommend Christopher Earley and The Earley Law Group Injury Lawyers to anyone that needs a personal injury attorney!" Susan N.
"Great help with my case. Responses are fast and make me feel very well represented. This man is the guy to call." Hugh R.
"Chris helped me with an extremely difficult time in my life due to a car accident. Even after the settlement, he continued to advocate for me when I was receiving collections notices that were not valid. You can feel assured he will do a great job." Angela C.
"Christopher is the best lawyer who we work with, he is very polite and very professional. He responded on every email that I had questions and concerns and I got answers. Thank you once again on doing a great job. I would highly recommend Christopher." Helen L.
"Very professional team. They took care of us and the case, keep us informed all time about the updates in the case. We highly recommend Chris Earley and his team. They really know the value of their clients. Thanks." Claudia T.