Boston Workers' Compensation Lawyers

Having a job is a blessing, especially when the economy undergoes fluctuations of prosperity and recession. Many jobs come with risks, however. It is a recognized fact that injury and illness can occur on the job, which is why the Workers’ Compensation insurance system was established.

Workers’ compensation insurance is mandatory in Massachusetts under the premise that workers who have legitimately contracted illness or suffered injury at the workplace be provided with wage replacement and medical benefits. In exchange, however, the employee gives up their right to sue their employer for negligence. Nevertheless, there are some instances in which a person may be denied workers’ compensation benefits that they are entitled to receive, therefore resulting in legal action.

Types of Workers’ Compensation Benefits

Temporary Total Disability Benefits are paid to workers who are temporarily unable to work (equaling 60% of their gross average weekly wage) for 6 or more partial or full calendar days. To determine your Temporary Total Disability benefits in Massachusetts, take your actual gross earnings, including overtime, bonuses, etc., and divide this number by the number of weeks you worked at your job in order to compute your average weekly wage. Multiply that by 60% (.60) to come up with your approximate weekly compensation. The maximum that you can receive is the State’s Average Weekly Wage (SAWW) at the time of your injury. The SAWW is set annually by the Massachusetts Division of Unemployment. Total Disability Benefits are available for up to 156 weeks.
Partial Disability Benefits are paid to employees who can still work but their injury or illness has reduced their earning capacity, such as an injury that causes a worker to change jobs or work less hours. According to Massachusetts disability law, during each week of disability, the injured employee can receive a weekly compensation equal to two thirds of the difference between the employee's average weekly wage before the injury, and the after-injury average weekly wage, but not more than the maximum weekly compensation rate.The maximum compensation an injured employee can receive under Partial Disability is limited to 75% of what the temporary total benefits would be for up to 260 weeks. For example, if you receive $440 a week as a temporary total benefit, the most you could receive if you collected partial benefits would be $330 a week. ($440 x .75 = $330): http://www.mass.gov/
Permanent and Total Disability Benefits are paid to workers who are permanently and totally unable to perform any kind of work due to the work illness or injury. The Permanent and Total Disability benefits equal up to two thirds of the employee's average weekly wage, but not more than the maximum weekly compensation rate. Cost of living adjustments may be available annually.
Medical Benefits are paid to a worker who suffers a work-related illness or injury that requires medical attention.
Permanent Loss of Function and Disfigurement Benefits are paid to employees who have suffered permanent loss of certain bodily functions, disfigurement and/or scarring as a result of the work-related illness or injury. To be compensable in Massachusetts, the employee’s scars must be located on the face, neck or hands while disfigurement may apply to the whole body.
Survivors’ and Dependents’ Benefits are paid to the spouse or child of a worker who died due to a work-related illness or fatal workplace injury.

Workers’ Compensation in Massachusetts

Department of Industrial Accidents

In Massachusetts, the Department of Industrial Accidents (DIA) is the body responsible for overseeing the Workers’ Compensation system and has 5 regional offices, located in Fall River, Boston, Springfield, Lawrence and Worcester. Its main responsibility is that of a court system that resolves disputed workers’ compensation claims. The Office of Claims Administration (OCA) is the starting point within the DIA for workers’ compensation cases.

How the Workers’ Compensation Process Begins

If you have sustained illness or injury at work, during your employment, which resulted in more than 5 full or partial calendar days off of work or more, your employer must file the “Employer's First Report of Injury or Fatality” with the DIA, as well as their workers’ compensation insurance company, within 7 calendar days from the 5th calendar day that you have been out of work. Upon receipt of that report, the insurance company has 14 days to investigate and make a decision to grant the claim or deny it and state the reason(s) why it has done so.

If your employer does not fulfill this duty, you may report the illness or injury to the insurance company in writing or complete the DIA employee claim form and send the insurance company a copy. If your employer's workers' compensation insurance company agrees to pay the claim, it has 14 days to begin payments.

If the claim is denied, you have the opportunity to submit forms and evidence to the DIA which will be considered at a Conciliation, where you, your lawyer, the insurer and a DIA conciliator will meet to try and reach a voluntary agreement. If a voluntary agreement cannot be reached, the insurer's decision holds and the claim is referred to an administrative judge for additional proceedings including an evidentiary hearing.

Consult with an Experienced Attorney First

While an injured worker may do things on their own, the complexities of workers’ compensation law can make filing a claim for benefits very overwhelming and confusing. Filing a claim requires you to follow a regulated process. If you fail to meet all of the process requirements, your claim may be denied and you will not get the compensation you deserve. On average, injured workers who get help from attorneys end up receiving more money for their claims.

What an Attorney Can Do For You

Attorneys who handle workers’ compensation claims will handle the complex legal issues by building a strong case on your behalf so that you can:

focus on recovering from your injuries;
take care of or arrange for the care of family members and loved ones;
keep track of how your injuries affect your life for evidence to present in your case;
attend and make appointments for doctor’s visits, surgical procedures, and physical therapy, as necessary
avoid settling for a lower amount of compensation than you deserve; and,
ultimately obtain full and just compensation for past and future expenses associated with your injuries, losses, and other damages.

Legal Experience You Can Rely On

Tom Kiley is a highly respected Boston personal injury attorney as well as a member of the American Association for Justice and the Massachusetts Academy of Trial Attorneys. Mr. Kiley and his firm are dedicated to helping injured workers get the benefits they need to maintain a good quality of life.

If you have suffered a work-related illness or injury in Massachusetts, please contact one of our Boston workers compensation attorneys and take advantage of a FREE and confidential legal consultation.