Worker’s Compensation Injuries – An Attorney’s Overview
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.
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. 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.
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. 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.
We’ve handled all kinds of workers’ compensation claims, from simple short term injuries to toxic exposures and death claims. We’ll help you navigate the claims system, and also help identify cases where other parties other than the employer cause or contribute to an accident and can pay, through the negligence system, the damages that workers’ compensation doesn’t.
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