You work to make money and support your family. But if you are injured in a workplace accident, both your health and your bank account can suffer. In Massachusetts, workers’ compensation laws are in place to protect employees who are hurt on the job.
Massachusetts employers must carry workers’ compensation insurance to provide medical benefits and partial wage replacement to employees after a job injury. Workers’ comp benefits are payable regardless of who is at fault for the accident.
Even with these laws, many dedicated Boston workers find it difficult to obtain workers’ compensation benefits despite having a legitimate job injury. If you’re struggling to apply for workers’ compensation or have already been denied, Michael Kelly Injury Lawyers can help.
Our Boston workers’ compensation lawyers are experienced, accomplished, and ready to fight the insurance company for every dollar you are owed. Call or contact us today for a free consultation.
- What Is Workers’ Compensation in Boston?
- Meet our team!
- Types of Workers’ Compensation Benefits
- 30-Day, Risk-Free Guarantee
- Can You Get Another Job While on Workers’ Comp in Boston?
- Client Reviews
- Common Workers’ Comp Injuries
- Does Your Work-Related Accident Qualify for Massachusetts Workers Compensation?
- When Should You Report a Workplace Accident in Boston?
- How to File a Workers’ Compensation Claim in Boston
- Who Is Liable for Your Workplace Injuries in Boston?
- Can You Sue Your Employer for a Workplace Accident in Boston?
- What Happens If Your Claim Is Denied
- How Long Does It Take to Receive Benefits in Boston?
- How Michael Kelly Injury Lawyers Can Help You Recover Benefits
- Get a Free Case Evaluation
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What Is Workers’ Compensation in Boston?
Workers’ compensation in Boston, as in the rest of Massachusetts, is a state-mandated insurance program that benefits employees who suffer work-related injuries or illnesses. This system ensures that eligible workers receive necessary medical care and partial wage replacement during recovery.
Workers’ compensation is a no-fault system. Unlike a personal injury claim, you don’t have to prove that anyone else is to blame for your accident. Despite this no-fault provision, insurance companies that work to maximize their profits are still businesses. How? By denying and diminishing valid claims brought by deserving workers.
If you were hurt during or as a result of your normal work, Boston workers’ compensation should apply. There are some injuries for which coverage wouldn’t apply, such as:
- If you were drunk or using drugs when the accident occurred
- If you were injured on your way to work
- If you were hurt at a voluntary, work-sponsored event like a company picnic or holiday party
Insurance companies may also inquire about the specific circumstances of your injury to determine whether you were really injured on the job. For example, if you’re employed as a truck driver, they will investigate whether you were working or running personal errands instead.
Minor injuries like blisters or bruises may not rise to the level required to initiate a workers’ comp claim. If you’re unsure of whether your work injury qualifies you for workers’ compensation in Boston, it’s best to work with the finest Boston workers’ compensation lawyers at Michael Kelly Injury Lawyers, who can evaluate your case for free. Call or contact us now.
Regulation of Workers’ Compensation in Massachusetts
In Massachusetts, the workers’ compensation laws are passed by the Massachusetts General Court. The Department of Industrial Accidents (DIA) oversees and enforces these laws. All Massachusetts workers’ compensation disputes are handled by the DIA, as outlined in Massachusetts General Laws Chapter 152, Section 2.
For instance, if the insurer denies the compensation, the injured worker can file a workers’ compensation claim by submitting a DIA Form 110 with the Department of Industrial Accidents. This initiates the formal dispute resolution process managed by the DIA.
Other entities involved in the claims process include:
- Boston workers’ compensation attorneys, who represent injured workers
- Insurance company’s lawyers, who defend the insurers
- Conciliators, who attempt to resolve disputes informally
- Administrative judges, who make binding decisions in formal hearings.
This collaborative framework ensures that a worker’s compensation claim is managed effectively and fairly.
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Types of Workers’ Compensation Benefits
There are several types of Massachusetts workers’ compensation benefits you can receive if you have been injured on the job. Boston workers’ compensation settlements can include the following:
- Medical benefits: Your employer’s insurance company should cover your medical treatment, including prescription reimbursement, hospital visits, ongoing care, and travel to and from your medical appointments. Your employer gets to choose your doctor when you first report the injury, but after the initial visit, you can choose your own providers. Your employer has the right to send you to its doctor again for periodic check-ins as you recover.
- Temporary total incapacity: These benefits are available if you are unable to work for a short period but are expected to recover. It can amount to 60 percent of your average weekly wage (AWW) for up to 156 weeks. Your compensation can start on the sixth day of your disability.
- Partial incapacity: If you’re hurt and can work but lose some of your earning ability, you may be entitled to partial disability benefits. You can receive payment for up to 75 percent of what you would get if you were totally unable to work. It can last for 260 weeks.
- Permanent and total incapacity: If you will never be able to work again, workers’ compensation will pay two-thirds of your average weekly wage up to the state average weekly wage (SAWW) maximum. The SAWW is annually adjusted for the cost of living, and you can receive these benefits for as long as you are disabled.
- Permanent loss of function and disfigurement: You can receive a one-time payment for permanent loss of function of a body part or disfigurement caused by a job injury. Compensation for disfigurement is limited to scarring on your face, neck, or hands. The amount depends on the severity of your injury and is added to all of the workers’ comp benefits you are able to receive.
- Vocational rehabilitation: Some job injuries may render a person unable to work in their chosen field but still able to earn an income. In those cases, workers’ compensation benefits may provide for paid training in a new trade.
Unfortunately, some workplace injuries and illnesses can result in death. If you lost your loved one because they were hurt at work, there are two types of benefits you and your family could receive:
- Survivors’ and dependents’ benefits: If your spouse or parent died because of a workplace injury, you could receive up to two-thirds of their average weekly wage for as long as you remain unmarried or dependent. Any child must be under 18, a full-time student, or unable to work due to physical or mental disabilities to receive the benefit. If the spouse remarries and their benefit ends, each child can receive $60 a week.
- Burial expenses: The employer’s insurance should pay for up to $4,000 of your loved one’s burial expenses.
When you’re recovering from a job injury or illness, you shouldn’t be fighting with the insurance company to receive workers’ compensation benefits you’re legally entitled to. Let the workers’ compensation attorneys at Michael Kelly take up the fight for you. We can handle all negotiations with the insurer so that you can focus on recovering.
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Can You Get Another Job While on Workers’ Comp in Boston?
Yes, you can get another job while receiving workers’ compensation benefits in Boston. It’s quite normal for people on workers’ comp to want to start a new job or go back to their old workplace under a less demanding role, as it gives life meaning and helps maintain financial stability. However, you must report any new earnings to the insurance company and avoid working under the table.
Once the insurer is informed, they may reduce your workers’ compensation benefits based on the type of benefits you are receiving. For instance, injured workers receiving permanent disability payouts, who were deemed unable to return to work permanently, will generally have their workers’ comp earnings reduced in proportion to their new earnings.
If your new job pays more than your previous one, you may lose your benefits altogether. However, benefits for medical expenses related to the prior injury may still continue.
Given the nuances, injured workers should consult an experienced workers’ compensation attorney for a case-by-case analysis. Our Boston workers’ compensation lawyers can help you understand the workers’ compensation law and keep the benefits you deserve.
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Common Workers’ Comp Injuries
Workers’ comp injuries are as varied as the jobs Boston workers do. Whether you work with heavy equipment, wait tables, or sit at a desk all day, you are likely entitled to workers’ compensation benefits if you get hurt.
Common workers’ comp injuries include:
- Sprains, strains, and musculoskeletal injuries
- Traumatic brain injury (TBI)
- Spinal cord injury (SCI)
- Paralysis
- Neck injuries
- Back injuries (e.g., herniated discs)
- Thermal and chemical burns
- Amputation
- Cuts
- Scarring
- Repetitive movement disorders (e.g., carpal tunnel syndrome)
- Post-traumatic stress disorder (PTSD), depression, and anxiety
- Occupational diseases (e.g., mesothelioma, asbestosis)
- Blindness and deafness.
After you’re hurt, contact a qualified Boston workers’ compensation lawyer to understand how you might be covered and what financial compensation you might receive.
Does Your Work-Related Accident Qualify for Massachusetts Workers Compensation?
If you’ve been injured on the job, one of the first thoughts that pops up in your head is whether your employer has your workplace injuries covered. Although there are some exceptions, almost all workplace accidents qualify for pre-determined compensation.
Workplace Injury
Suppose you have been hurt while carrying out your usual work-related duties on the premises or sustained injuries traveling on business. In that case, Massachusetts law claims that you are eligible for workers’ compensation.
Workplace Illness
Workers who have been exposed to dangerous chemicals for a prolonged time or injured employees who sustained repetitive traumas in the process qualify for fair compensation as well.
However, you must be an employed worker to gain access to compensation benefits. According to workers’ compensation laws, contractors and volunteers do not qualify for the definition. Meaning that they can’t claim the financial aid.
Overall, workers’ compensation claims are rarely as black and white as they may seem. That is why consulting a professional Boston workers’ compensation lawyer is one of the first things to do after a work incident.
When Should You Report a Workplace Accident in Boston?
Any work-related injury should be reported as soon as possible, but not every injured worker acts upon the trauma immediately. There may be various reasons why a worker chooses to ignore the workplace injury. Sometimes, the employees are not aware of the existing workers’ compensation system, while in some cases, people falsely assume that the trauma is insignificant and not worth the fuss.
Any expert Boston workers’ compensation lawyer would tell you that there’s no such thing as an accident that is too minor. Some injuries take time to manifest to their fullest, and at the time, it may be too late to claim the incident.
The later you file the workers’ compensation claim, the lower your chances of getting fair compensation will be. Fresh workplace injuries are approved almost automatically, while delayed ones raise suspicion, so the responsible insurance company takes more time and effort to investigate the accident. In the majority of cases, it leads to minimal payouts.
Finally, some companies have a corporate doctor you should visit in case of injury. Failing to do so will compromise your medical record, meaning that you have less evidence to collect the compensation you deserve.
How to File a Workers’ Compensation Claim in Boston
There are several steps that injured workers must take to initiate a compensation claim in Massachusetts.
- Notify your employer: Tell your employer as soon as you notice that you’re injured. After that, they should immediately file a report with their insurer to begin a workers’ comp claim. If you miss five days of work (not necessarily in a row), then your employer should fill out the Employer’s First Report of Injury or Fatality (Form 101) to submit to their insurance company. The insurer has 14 days from the receipt of the form to start payments or to tell you that your claim has been denied.
- See a doctor: As soon as your employer knows that you’re hurt, get treatment from the doctor they recommend according to the workers’ compensation insurance policy and save any documents you receive. You can choose your own provider after the first doctor’s visit.
It’s common for claims to be denied on the first try. Usually, that’s because the application for benefits is not completed properly or does not provide adequate proof of injury.
If your claim is denied, contact an experienced Boston workers’ compensation lawyer. A knowledgeable workers’ comp attorney can help prepare your documents properly to give you the best possible chance of approval.
Who Is Liable for Your Workplace Injuries in Boston?
Workers compensation laws imply a no-fault system, meaning that there’s no guilty party to blame and potentially sue. However, there are always exceptions to the rule. In some cases, there are third parties who can be responsible for your traumas.
Contractors, manufacturers, and property owners are among potentially liable entities that you can sue after an injury. For instance, if the machinery you operate malfunctions, it is not the employer’s fault but the manufacturer’s. The same goes for a property owner or subcontractor who fails to ensure safe working conditions.
To prove third-party liability, you will need more than just an accident report. It takes valid evidence to establish someone else’s negligence or recklessness that resulted in your injuries. That is why you will have to gather witness statements, expert evaluations, medical bills, and other proof to support your lawsuit.
An expert Boston workers’ compensation lawyer can help you deal with the legal aftermath of the accident while you focus on your full recovery. They will gather necessary information, determine liable parties, and negotiate with insurance providers on your behalf to ensure that you get a rightful reimbursement for your workplace traumas.
Can You Sue Your Employer for a Workplace Accident in Boston?
The main aim of the workers’ compensation system is to ensure that an injured employee gets the financial support they need after a workplace accident without the need to go through the fuss of legal processes. So, technically speaking, you can’t sue your employer. However, some workers’ compensation cases aren’t that straightforward.
Suppose you are certain that your workplace incident wasn’t an accident at all, but an intentional injury triggered by reckless, negligent, or intentional actions of your employer. In that case, you can file a corresponding lawsuit and sue them.
What would such an act look like? Usually, it is a direct result of workplace violence that some fields and industries are subjected to. In other cases, it is a joke gone wrong, but that does not diminish the guilty party’s responsibility and accountability. Let’s say your employer pushed the ladder you were on, and you fell and broke your arm—that is the case; you can sue them.
If you suspect that there’s been foul play in your accident, it is always a good idea to consult a Boston workers’ compensation lawyer to know your rights. Moreover, a trained attorney will help you recover maximum compensation, which usually exceeds the most generous workers’ compensation.
Time Limit for Filing a Workers’ Compensation Claim in Massachusetts
Massachusetts law grants injured workers four years from the discovery of their injury and its job-related cause to file a workers’ compensation claim. This timeframe accounts for injuries that may take longer to detect, such as those resulting from gradual exposure to toxic chemicals.
However, it is crucial not to wait. Filing as soon as possible helps preserve vital evidence and expedites how soon you receive compensation.
Consulting a workers’ compensation attorney early can significantly improve the success of your claim. An attorney ensures a fair settlement, as insurance companies may be more lenient with unrepresented clients. Additionally, a workers’ compensation lawyer navigates legal complexities, protects your rights, and handles disputes, allowing you to receive workers’ compensation benefits.
What Happens If Your Claim Is Denied
You’re not out of luck just because your workers’ compensation claim has been denied. But you should get in contact with a diligent workers’ compensation attorney to review your legal options. At Michael Kelly, our lawyers can begin the dispute process on your behalf.
All workers’ compensation claims are handled by the Department of Industrial Accidents. This is an administrative law court.
The steps of the appeals process include:
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Conciliation
At this stage, you, your attorney (if you hire one), and a lawyer from the employer’s insurance provider will meet with a conciliator. The purpose is to try to reach a settlement agreement. If no agreement can be reached, the case moves on to the conference level.
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Conference
This meeting will be attended by you, your lawyer, and the insurer’s attorney. An administrative law judge will review the evidence and will issue an order. If the judge does not rule in your favor, you have 14 days to request an appeal.
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Hearing
This is the trial-like phase of the appeals process. During the hearing, witnesses may be called, new evidence may be introduced, and the judge can make other requests before reaching a decision.
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Reviewing Board
If you are unsatisfied with the outcome of the hearing, you can request that your case go to the reviewing board. Three administrative law judges will review the transcripts of previous proceedings and request additional information if needed. The judges may approve the hearing’s decision, send it back, or reverse the decision altogether.
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Massachusetts Court of Appeals
If all other avenues for a settlement are exhausted, your attorney will discuss your options for moving the case to the state’s appellate courts.
At Michael Kelly Injury Lawyers, we will work to resolve your workers’ compensation claim both quickly and fairly. Our workers’ compensation lawyers are on your team, not the insurance company’s.
How Long Does It Take to Receive Benefits in Boston?
In Massachusetts, your employer’s insurer should pay you within a few weeks of your injury. You’ll start receiving disability benefits for the work you missed, excluding the first five days, unless your injury lasts more than 21 days.
The insurance company has a 180-day “pay without prejudice” period. That means they’ll pay worker’s compensation benefits even though they haven’t decided what you’re owed. It’s important to understand that this does not mean that they will pay your benefits or are accepting liability for your workplace injury.
The upside of the pay-without-prejudice period is that you can start getting payment quickly. The downside is that the company can stop or reduce that money with just a week’s notice to you.
After the 180-day period is up, the insurance company may ask to extend the period in which they can decide. A workers’ compensation lawyer can help you understand why this request may not be beneficial for you. Depending on how they decide, you could receive less money in the long run. Don’t sign any forms without consulting a lawyer.
How Michael Kelly Injury Lawyers Can Help You Recover Benefits
It’s guaranteed that your employer’s insurer has hired top-quality lawyers who will aggressively protect their client’s interests. You should have someone just like that on your side. Look no further than Michael Kelly Injury Lawyers.
Here is how we will support you during the workers’ compensation insurance process:
Address All Your Legal Concerns
An experienced workers’ compensation lawyer from Michael Kelly Injury Lawyers will help you understand all legal aspects of your workers’ compensation case. Our attorneys are available to answer your questions related to workers’ compensation insurance 24 hours a day, 7 days a week, ensuring you have the support you need at any time. With a deep understanding of local laws and regulations, we effectively protect your rights and seek full workers’ compensation on your behalf.
Experienced Legal Representation
Our workers’ compensation team includes aggressive trial lawyers trained to fight for the maximum compensation you deserve. We have a long history of helping clients make successful workers’ compensation claims and get appropriate compensation. You’ll work directly with one of our dedicated attorneys, not a junior paralegal or assistant.
Simplifying Your Claim Process
Michael Kelly Injury Lawyers will care for all interactions with the workers’ compensation insurance reps and handle all necessary paperwork to simplify the process for you. Once you hire us, you won’t have to argue or fill out complicated forms. Our talented workers’ compensation attorneys will take over and negotiate forcefully on your behalf, ensuring a smoother and less stressful experience.
We Provide Personalized Service
It’s important to us that people get personalized service when they need it most. That’s what we’re committed to, and that’s what you can expect from personal injury lawyer Michael Kelly. You will work directly with experienced attorneys who understand workers’ compensation insurance and your unique needs. This approach ensures that you receive the attention and care you deserve throughout your case.
Free Consultations
We offer free consultations and work on a pay-for-performance basis, meaning you only pay if we successfully secure the workers’ compensation for you. Our case reviews are free and come with no obligation, allowing you to explore your options without financial risk. We represent clients on a contingency fee basis, ensuring that our interests are aligned with yours in seeking the best possible outcome.
Call Michael Kelly Injury Lawyers – (617) 444-4444 or fill out our contact form to schedule your free consultation.
