Worker's Compensation Is:

 

The statutory system of workers' benefits, provided to workers as their exclusive remedy for injuries suffered in the course of their employment.

Worker's Compensation cases include:

 

  • Injuries at work
  • Injuries while traveling on the job
  • Unsafe work conditions

worker's compensation injuries - an ATTORNEY's Overview

Almost every working man or woman has filed or heard about a "workers' comp" claim. Employers in Massachusetts are required to carry workers' compensation insurance to pay their employees, regardless of fault, 60% of their weekly lost wages, along with their medical expenses, while they are out of work. Aside from occasional benefits for disfigurement, that's all an employer has to pay. Workers' compensation is an exclusive remedy against an employer: this means that you can't "sue" your employer in court for your pain and suffering after an injury.

You can "settle", or "lump sum", a workers' compensation claim, for a sum of money which you and your employer agree represent your likely future benefits. Otherwise, your benefits are received weekly, and when you return to work, they stop, other than for your related medical expenses. However, worksite injuries can cause more than a short term absence from work - they can be permanently crippling or even lethal, as my experience representing workers who have died from on the job exposure to toxic chemicals and asbestos has unfortunately shown.

Insurers can deny that an injury occurred; deny that the injury occurred in the course of work; deny that the employee is totally, or even partially disabled; or raise other, more technical defenses to the employee's claim. The insurer can also pay benefits for the first 180 days after an employee's injury "without prejudice", meaning that during this period they can "cut off" benefits and force the employee to then obtain an order from the Department of Industrial Accidents to obtain benefits. Waiting to retain a lawyer until the insurer's denial can be a mistake, as you may need an attorney's assistance in developing your potential case, as well as to determine what other parties, other than your employer, could be sued for all of your damages, including pain and suffering.

Ideally, you want a lawyer who is familiar with both workers' compensation and its complexities and negligence litigation. Again, you might guess who I would suggest that you see.