Workers’ Compensation is a no-fault insurance system that virtually all Employers in Massachusetts are required to carry and pay for. Located in Chapter 152 of the Massachusetts General Laws, it is designed to provide various benefits to Employees in the event of a work-related injury. A work injury can result from both a personal injury, such as slip and fall, or an exposure to a harmful substance, such as asbestos.
Having an experienced workers' comp lawyer on your side following an injury at work is absolutely crucial to ensuring that your rights are protected.Types of WC Benefits
The two main benefits are wage replacement benefits and medical benefits related to the injury.
Weekly wage replacement benefits, or weekly disability payments, are due when an industrial injury renders an Employee unable to return to work. It can come in various forms, such as temporary total disability (Section 34), permanent and total disability (Section 34A), and partial disability (Section 35).
Additionally, Chapter 152, Sections 13 and 30, cover medical expenses that are incurred, so long as the treatment is reasonable, necessary, and causally related to the industrial injury.
Other benefits this Chapter provides include benefits for scarring, loss of function, or disfigurement, surviving spouse benefits (in the event of a death), vocational retraining benefits, etc.
Click here for more information on the specific types of benefits available under the MA Workers' Compensation system.Settlements
Often times the circumstances surrounding an injured workers injury can result in a settlement of their case.
The value of the settlement in workers' compensation cases are mainly determined by two main things:
- The rate of the workers weekly disability payments, and
- How long the worker could remain on weekly benefits.
Generally, when someone settles their workers' comp case, what they are "settling" is their right to receive future weekly disability payments. What a settlement does not "close out" is their right to future medical treatment related to the injury. Also, the retain their right to vocational retraining services for 2 years post settlement. This is generally the case, however, there are circumstances where someone closes out all aspects of their benefits. This is generally referred to as settling on an "unaccepted basis."
Where Are Comp Claims Handled?
In Massachusetts, Workers’ Compensation claims are handled at the Department of Industrial Accidents (the DIA). DIA offices are located in Boston, Lawrence, Worcester, Fall River, and Springfield.
The process of filing a workers compensation claim and handling it throughout the claims process is rather complex, and not a process one wants to handle alone. Not only is the process complex, but individuals who represent themselves (aka, pro se), are often targets of the insurance companies. Do not let the insurance company bully you around! Ensure that your rights are protected!
In the event that you are injured as the result of an injury at work, it is crucial that you speak to an experienced Workers’ Compensation lawyer. Following an injury at work, the various Workers’ Compensation Insurers will immediately go to work to defend against your claim. Often times, they will employ practices such as calling you or your doctors, while you are unrepresented by counsel. Therefore, after consulting your doctor, you should call your attorney next, and as soon as possible.
The Workers Compensation Litigation Process
It is a very plausible scenario that following an injury at work, the injured employee may go out of work, get paid while he/she is out of work, get all of his/her medical benefits covered, and return to work once he/she is better. In these scenarios, you may not need an attorney at all. It is still advisable to speak with an experienced comp lawyer, however, if not to monitor the situation from the background, and help ensure that everything proceeds smoothly.
However, more often than not, the matter will eventually have to enter the realm of the workers comp litigation system. This could arise in a number of scenarios, such as the insurance company denying the claim from the outset, denying necessary medical treatment, or trying to force the injured worker back to work too soon. There are so many instances where the matter must enter this system, and it is vitally important to have an experienced Massachusetts workers comp attorney at your side.
For more information, see our page about the workers compensation litigation process, here.
At Troupe Law Office, we have close to 50 years of experience in representing the rights of injured workers. In fact, our practice is devoted exclusively to those who have been injured in the course of their employment. Throughout the years, we have earned a reputation as one of the top Workers’ Compensation firms in Massachusetts. We have handled thousands of cases of all types.Third Party Liability
Often times, the work injury that takes place can be the fault of another, independent third party. For example, if an injury was caused be a defective product, then a separate “third party” action could result from the same injury. At The Troupe Law Office, our firm has been involved in hundreds of third party actions over the years. We are experts in evaluating these types of cases to determine if a third party action exists, and who would be best suited to represent you in this action, through our network of affiliates throughout Massachusetts and the rest of New England.Other Benefits
It is also quite important to note that in addition to receiving Workers’ Compensation benefits, there may be other financial benefits available to you concurrently. These could include Social Security Disability benefits, Disability Retirement pensions through your employer, or recovery from a third party. The interplay between these benefits is quite complex and unique. In situations such as these, experience counts. Our attorneys have handled thousands of cases over the years, ranging from extremely simple to highly complex. The value of an experienced Massachusetts Workers’ Comp Attorney is invaluable following an injury at work.
Furthermore, reaching out to an attorney sooner rather than later is also quite important. Workers’ Compensation Insurance companies go to work immediately to defend the claim. They don’t wait. Neither should you.
There are many lawyers practicing in and around Boston, practicing in a wide variety of fields. If you've sustained a workplace injury, it is vitally important to have an experienced Massachusetts workers comp attorney representing you. The Massachusetts workers' compensation law is unique and constantly changing. In these situations, experience in this are of the law is invaluable, and can really help your chances of obtaining a favorable result in your case. Our Boston workers' comp attorney's have over 55 years of combined experience in this field, and have handled thousands of cases of all types.
Troupe Law Office offers a free consultation of your case. There is no charge to call and speak with us. If we are later successful in obtaining an order of benefits, the attorney’s fees are set out in the Massachusetts Wokers’ Compensation Statute (Chapter 152). Most of the time, the Attorney’s fees are paid by the Insurer. In the event of a Lump Sum Settlement of the claim, the standard Attorney’s fee is a percentage of the total lump sum amount (20%).
For more information on Workers’ Compensation, see our blog, or our FAQ page.
If you have been injured at work, it is important that you call us as soon as possible at (978) 531-7401, or email us
It is our goal to provide you with the best possible representation for your Workers’ Compensation case. We look forward to hearing from you.
- Types of Benefits
- When to Hire a Workers Comp Lawyer?
- How Long Before I Get Paid Workers Compensation Benefits?
- When to see a doctor
- Types of Work Injuries
- When To Call A Workers Comp Lawyer
- What Is Workers Comp And What Does It Do?
- The Pay Without Prejudice Period (PWOP)
- Workers Compensation Settlements
- Workers Compensation Litigation