An on-the-job injury is a complex problem for workers in Boston. Not only does a work injury cost you money in the form of lost income and medical bills, but you also face the risk of permanent disabilities and other long-term consequences. Workmans’ comp benefits are a crucial lifeline for injured employees, but many employers will vigorously dispute these claims, putting workers in a difficult spot.
At Earley Law Group, we can help you recover your rightful benefits after a job-related injury. Our attorneys have significant experience with these cases and will work tirelessly to protect your rights. People come to us for our dedication, thorough approach, and proven track record, as our 600-plus Google reviews demonstrate.
Whether you need help with your initial claim or a workers’ compensation appeal, trust Earley Law to guide you to a positive resolution. Call us today or complete our online contact form for a free, no-obligation case evaluation with a Boston workers’ compensation lawyer.
Why Should I Hire a Boston Workers’ Compensation Attorney?
When you sustain a job-related injury, the path to getting your workers’ comp benefits can be tricky. A workers’ compensation lawyer in Boston knows the ins and outs of the relevant laws and can guide you smoothly through the process. They can file your claim correctly and on time while avoiding common mistakes that could delay or reduce your benefits.
With a lawyer by your side, you gain a strong advocate who understands how to negotiate with insurance companies. These companies often try to pay as little as possible for workers’ compensation claims. An attorney will fight to make sure you receive full compensation for medical costs, wage replacement, and any other benefits you qualify for. They also provide peace of mind, allowing you to focus on your recovery without the stress of handling a workers’ compensation case.
Without legal representation, you risk missing out on benefits you might not even know you’re entitled to. Navigating the system alone can be overwhelming, and a mistake could cost you dearly. By not hiring an attorney, you may face the insurance company and their legal team without the necessary tools and knowledge to secure your rightful compensation.
Now that you know why you need a workers’ compensation lawyer, why choose Earley Law?
We have an experienced team and are intimately familiar with the laws that apply to these cases. But what really sets us apart is the Earley Experience. This is our guarantee to make the legal process as easy and simple for you as possible. We believe every client deserves 5-star customer service, particularly injured workers. If you are not fully satisfied with your experience with us, we will do whatever we can to address the issue. That’s our promise to you.
What Do Massachusetts Workers’ Compensation Benefits Cover?
Workers’ comp benefits aim to cover your essential needs after a work-related injury. Among the things you might qualify for include:
- Medical Benefits – These cover all adequate and reasonable medical treatments related to your injury. You can get the care you need without worrying about the bills, from doctor visits to hospital stays, medications, and even necessary medical equipment.
- Lost Wages – If your injury keeps you from working, workers’ compensation provides a portion of your lost income. This helps you stay financially stable while you’re recovering and unable to earn your regular paycheck.
- Vocational Rehabilitation – For those who can’t return to their previous job due to their injury, vocational rehabilitation benefits offer support and training for a new job. This ensures you have the opportunity to get back to work in a role that suits your new capabilities.
What Types of Benefits Could I Get from Workers’ Compensation?
Aside from your medical benefits, the other workers’ comp benefits you qualify for depend on the severity and duration of your injury and whether it leads to any permanent disability. Based on your situation, the Department of Industrial Accidents says you may qualify for the following types of lost income benefits:
- Temporary Total Incapacity Benefits – If your work-related injury or illness prevents you from working for five or more days, you could receive 60 percent of your gross average weekly wage. These benefits are available for up to 156 weeks (3 years), and compensation starts from the sixth day of incapacity.
- Partial Incapacity Benefits – If you can work but cannot earn as much due to your injury or illness, you might qualify for these benefits. They can pay you up to 75 percent of what your weekly total temporary benefits would be for up to 260 weeks (five years).
- Permanent and Total Incapacity Benefits – If you cannot do any kind of work due to a permanent injury, you could receive two-thirds of your average weekly wage, with eligibility for annual cost-of-living adjustments. These benefits continue for as long as you’re disabled.
- Permanent Loss of Function and Disfigurement Benefits – If your injury leads to permanent loss of specific bodily functions, or if your injury leaves scarring or disfigurement on your neck, face, or hands, you may receive a one-time payment, in addition to other benefits.
How Do I File a Workers’ Comp Claim in Massachusetts?
If you report a work-related injury to your employer and their insurer denies your claim, the Department of Industrial Accidents (DIA) lists two ways to apply for workers’ compensation in Massachusetts.
The first is to mail your application to the DIA. The other option is to submit your application in person to the DIA’s main office in Boston. We strongly recommend you hire an attorney to help you with your application. They can gather the required medical evidence to support your claim, fill out all the necessary forms correctly, and represent you in any legal proceedings.
Once you submit your claim, the DIA will either approve it and set a date for a meeting between you, a conciliator, your employer, and their workers’ compensation carrier, or they will reject it (usually because of missing or incorrect information with the application). If the DIA approves your claim, the conciliation meeting provides an attempt for you and your workers’ compensation carrier to reach a voluntary agreement regarding your benefits. If you and your workers’ comp carrier cannot reach an agreement, there are different levels of appeals you can file.
How Long Does It Take for Me to Receive My Workers’ Comp Benefits?
The DIA’s guide for injured workers says you should start receiving your benefit checks within three or four weeks of your injury or illness. If you have not received your benefits by then, talk to an Earley Law attorney. We can help you take steps to speed up the process and address any delays or denials with your claim.
You can appeal a denied workers’ compensation claim, but proving your case takes a lot of work, concrete evidence, and a deep understanding of workers’ comp law. A Boston workers’ compensation lawyer from Earley Law can handle these appeals while you treat your injury or illness.
While workers’ compensation is a valuable financial lifeline after an injury, these benefits are limited. For example, workers’ comp doesn’t cover your pain and suffering related to your injury and only covers a portion of your lost wages.
While you generally can’t sue your employer for a workplace injury or illness, you might have cause for a third-party personal injury claim against someone else. A Boston personal injury attorney from Earley Law can examine your case and see if you have grounds for a personal injury claim to seek additional compensation.
Massachusetts law says you must file a workers’ compensation lawsuit within four years of a work-related injury or illness. While that may sound like plenty of time, it’s crucial to act quickly to protect your rights and file a claim.
You likely have immediate financial needs workers’ comp benefits can help with, and waiting to file a claim can weaken your case. The sooner you speak to a workers’ compensation lawyer in Boston and start on your case, the faster you’ll get your benefits.
Any employee can suffer a work-related injury. However, some employees are more likely to suffer an on-the-job injury because of the nature of their work or the field they work in. Some workers more commonly prone to job-related injuries or illnesses include:
- Construction workers
- Nurses and healthcare aides
- Warehouse and storage workers
- Manufacturing and production workers
- Farmers and agricultural workers
- Police officers and first responders
- Truck and delivery drivers
- Janitorial staff and cleaners
- Restaurant and food service workers
- Electricians and tradespeople
Workers in Boston face many dangers on the job, even if the specifics vary across industries. Some of the most common accidents and injuries we at Earley Law see include:
- Slips, trips, and falls
- Overexertion and repetitive stress injuries
- Machinery accidents
- Transportation and vehicle-related accidents
- Falls from heights
- Electrical shocks and burns
- Being struck by or against objects
- Carpal tunnel syndrome
- Back strains and herniated discs
- Torn rotator cuffs and ACLs
- Exposure to harmful substances or environments
- Construction accidents
- Fire and explosions