You’ve sustained an injury on the job causing you to go out of work. You are currently receiving workers’ compensation benefits. You’ve been receiving medical treatment, through workers’ compensation, which has been slow. Both you and your doctor feel that you are unable to return to work. However, you’re employer begins contacting you about returning to work.

These situations are quite common, but unfortunately, there is no one single correct answer. Every injury is different. Every Employee is different. Every doctor is different. And, most importantly, every Employer is different. There is simply no way to know exactly how any given Employer is going to react under the circumstances.

There are, however, some practical guidelines that may help in these scenarios.

The first question to ask is whether or not the injured employee feels he or she is ready to return to work. If the Employee believes they are ok to return, then perhaps it is time. If so, then the injured employee should discuss the matter with his or her doctor. This will give them the opportunity to discuss his or her present state, any ongoing symptoms, etc. The doctor may agree that the employee can return to work. In situations such as this, we generally advise the Employee to go back and give it a try. The doctor may also release the Employee to return to work, but with certain restrictions, such as “no overhead lifting.” Either way, it always looks good for an Employee to give it a try.

We also remind them of what is known as the “28-day rule.” M.G.L. Chapter 152, Section 8(2)(c) provides that if an injured Employee goes out on comp, subsequently returns to work, and then is forced to go back out of work within 28 days of his/her return, then the workers’ compensation benefits must be reinstated.

If, however, the Employee feels that he or she is still unable to return to work, and the Employer keeps badgering them about coming back, the situation gets a little more complex. Here is where there isn’t any one piece of advice that works in every situation. We generally advise the clients to try and be as cooperative as possible during this process. This can mean simple things such as returning their phone calls. If the case has to proceed in litigation, it always pays dividends to be able to show that the Employee was cooperative.

Sometimes, Employers can get pushy and insist on a decision within a certain time frame. Though all situations are different, we generally advise the Employee to explain to his or her Employer that they must discuss any return to work with their doctor.

Many times, situations like this inevitably lead to the Insurer/Employer taking action to terminate the Employee’s benefits. If this happens, it is all the more reason to have been in close contact with your attorney throughout this process.

The importance of contacting an experienced workers’ compensation attorney as early as possible following a work injury is essential. As discussed above, often times Employers and Workers’ Comp Insurers will really come on strong with Employees about getting them back to work. No situation is the same. Otherwise, advising clients would be a much easier process. So, having an experienced attorney to guide you through this difficult time is invaluable.

At Troupe Law Office, we have over 40 years of experience in this field. Please visit our web site at https://www.troupelawoffice.com for more information. Or, call us at (978) 531-7401. We offer free consultations for all cases.

This is one of the most common questions asked of attorneys practicing in workers compensation, or any personal injury type of law. For someone who has sustained a work-related injury, with potentially career ending consequences, this is often times their primary concern. Are they going to be able to get enough money to support themselves going forward?

Section 48 of Chapter 152 provides that the parties to a workers’ compensation case may enter into an agreement to “settle” the claim by the payment of a lump sum amount. In other words, the parties can agree to “close out” the case by a payment of a certain sum of money to the Employee. As mentioned above, the main question on the Employee’s mind is usually, “how much am i going to get?”.

Unlike personal injury cases like a motor vehicle accident, or a products liability case, workers’ compensation cases are valued in a very specific way. The two main components to determining the monetary value of a workers compensation case are 1) the Employee’s compensation rate, and 2) the amount of time the Employee could remain on workers comp weekly benefits. With some limited exceptions, these are often the only two factors that will go into determining a settlement amount.

To explain further, a person who is disabled from working is entitled to receive a weekly workers comp check so long as they remain disabled, in some degree, from their previous job. The weekly rate is determined by the Employee’s pre-injury wages. This amount is usually set in stone, and subject to very little debate. Sections 34, 35, and 34A of Chapter 152 set the amount of time the injured Employee could potentially collect a weekly check. Determining the value of a case involves figuring out the remaining exposure to the Insurer. This is simply the result of multiplying the Employee’s compensation rate by the amount of time he/she has left on weekly benefits.

For example, if an Employee were partially disabled collecting Section 35 benefits at the rate of $500 per week, and had about 3 years left of potential weekly benefits, the remaining exposure to the insurance company is $78,000 (500 x 52 weeks x 3 years). If that same person were 46 years old, and was determined to be permanently and totally disabled (Section 34A), that person could potentially collect workers’ compensation for the rest of their lives. Based on a life expectancy chart, this Employee has a remaining “life expectancy” of 32.45 years, or 1,687.4 weeks. Thus, the remaining exposure to the Insurer, in this particular example, is $843,700 (500 x 1,687.4). This assumes the same compensation rate of $500/week. (Please note: There are numerous sources of life expectancy figures, which all differ. This particular figure is being used for and as an example)

What about pain and suffering? What about all the stress I’ve endured? What about all the hassle the Insurer put me through? These are very common questions asked of Employee’s attorneys. Unfortunately, these factors do not get factored into a settlement. To do so would add a subjective component to any case. There are no sections under Chapter 152 which provide enhanced benefits based on the severity of the injury, or the incidental side effects of a work injury. Therefore, these aspects of an injury do not get factored in. A person who breaks their leg on the job may have a case that is valued less than someone who sprains their wrist. It all depends on their particular compensation rates, and the amount of time they could potentially remain on weekly benefits.

“But I had a friend who got much more money and he/she had the same injury.” This is another common “question” asked of attorneys. The bottom line is that every case is unique and specific. Though cases may seem similar at first glance, there are numerous factors, specific to each case, which may affect the potential “value” of a workers’ comp case. More often than not, the friends case is quite different than the case at issue.

There are other factors which may increase or decrease the potential remaining exposure. To ensure that a case is properly valued, from a monetary standpoint, it is crucial that you have an experienced workers comp attorney. Please visit our web site at https://www.troupelawoffice.com for more information. Or, call us at (978) 531-7401. We offer free consultations for all cases. We look forward to working with you.

You’ve been injured at work. Your doctor says you’re disabled from working. You need to file a claim for workers’ comp benefits, and you need certain information to do so. Unfortunately, your Employer is refusing to give you the information you need. Though the Massachusetts Workers’ Comp law requires information of this type to be readily available, some Employers simply ignore these requirements.

Or, say you’ve been injured at work, and your Employer has sent you to their clinic to begin treatment. Many Employers have a “preferred medical provider” that they work with. In situations like these, if an employee is injured, the Employer will often take steps to “steer” the employee towards their preferred clinic. They may assure the employee that this is the quickest way to get treatment, and that they won’t be responsible for out of pocket costs. However, the problem is that this provider has both the Employee’s, as well as the Employer’s interests in mind. As a result, many Employees soon learn, or soon suspect that their doctor is not 100% on their side.

Where there are others dictating the way things are handled during these early stages of a workers’ comp case, often times things gets mishandled, or mismanaged. And often time, the injured employee suffers as a result. Furthermore, fixing the damage caused during these initial periods becomes one more hurdle for the injured worker to overcome.

Situations like this, unfortunately, are increasingly common. To be fair, many Employers are quite cooperative. This makes things much easier. However, some are not, and this can make things quite difficult.

It is important to contact an attorney specializing in workers’ compensation law as soon as possible following a work injury. They can help guide you during these crucial early stages. Situations like the ones described above are unique and can occur in a countless number of different ways and manners. There are no concrete answers. What might the correct course of action involving one Employee or Employer, might be the wrong course of action involving different parties.

At Troupe Law Office, we concentrate our practice in the area of workers’ compensation law in Massachusetts, and we have over 40 years of experience in this field. Call us any time for a free consultation of your case at (978) 531-7401. Or, visit our website at https://www.troupelawoffice.com.