Injured at Work? Here’s Exactly What a Workers’ Compensation Attorney Does for You

The benefit system may be extremely confusing to injured Massachusetts workers. A workers’ compensation attorney acts as your personal advocate to secure the benefits you need after a job injury. 

They handle every aspect of your claim, from filing paperwork to negotiating with the insurance company and representing you in formal hearings. 

Key Takeaways

• A Massachusetts workers’ comp attorney manages all communication with your employer’s insurance company.
• Your lawyer collects medical evidence and other documentation to build a strong claim.
• Attorneys know how to accurately calculate the full value of your benefits for lost wages and medical care.
• Your workers’ comp lawyer protects you from unfair claim denials or premature benefit termination.

Your Dedicated Advocate in a Complex System

After a workplace injury, you’re suddenly part of an administrative system with its own rules, deadlines, and procedures. A workers’ compensation attorney becomes your official representative, handling the complexities so you can focus on your recovery. 

One of the first things a lawyer does is take over all communication. You no longer have to speak with insurance adjusters who try to minimize claim payouts. 

Instead, all questions, requests, and offers go directly to your attorney, who knows how to respond in a way that protects your interests. Handling insurance adjusters is a key part of the job. 

Your lawyer also manages the significant amount of paperwork involved. Filing a claim requires specific forms and strict deadlines, and a mistake or a missed deadline jeopardizes your benefits.

Guiding You Through Every Step

The Massachusetts workers’ compensation system can be difficult to manage alone. An attorney guides you through each phase, providing clarity and direction. They explain your rights in simple terms and keep you informed about the status of your case.

This guidance is invaluable when you face decisions. For example, the insurer might request an Independent Medical Examination (IME). Your lawyer prepares you for this appointment and reviews the doctor’s report to challenge any biased or inaccurate findings. 

Ultimately, your lawyer’s role is to make the legal process as smooth as possible. They anticipate potential problems and address them before they harm your claim. This gives you the peace of mind to concentrate on your health and family.

Gathering and Presenting Crucial Evidence

A key role of a workers’ compensation attorney is gathering and organizing all the proof needed to validate your injury and its impact on your life. They know what evidence is compelling to an insurer or a judge.

The process of evidence collection is thorough. Your attorney compiles a comprehensive file that tells the complete story of your injury and its consequences. 

The evidence your attorney gathers on your behalf includes:

• Medical Documentation: Your lawyer obtains and reviews all of your medical records, including hospital reports, surgical notes, and therapy results, to prove the extent of your injury and the need for your treatment.
• Accident-Related Proof: They collect your company’s accident report, witness statements, and photos of the scene to establish how the injury occurred and help you document its daily impact on your life.
• Expert Analysis: If you cannot return to your job, your attorney may use a vocational professional’s report to show how the injury has affected your long-term earning capacity.

Calculating the Full Value of Your Massachusetts Workers’ Comp Claim

Many injured workers in Massachusetts underestimate the full value of their claim. They often only think about their immediate medical bills and lost paychecks. 

An attorney looks at the total impact of your injury, both now and in the future. They consider all categories of benefits available under state law to make sure you don’t accept an offer that leaves you unprotected later on. 

Here are the specific benefits they evaluate:

• Medical: Your attorney works to get 100% of your reasonable and necessary medical care covered for life. This includes everything from initial emergency room visits and surgeries to ongoing needs like prescription medications, physical therapy, pain management, and required medical devices.
• Temporary Total Disability (TTD): These are weekly payments made when your doctor confirms you cannot work at all while you recover. Your lawyer ensures this is calculated correctly at 60% of your average weekly wage, up to the state maximum, and fights against any premature termination of these payments.
• Temporary Partial Disability (TPD): Your lawyer pursues these benefits if you can return to work but earn less due to your injury, either through reduced hours or a lower-paying light-duty position. These benefits pay a portion of the difference between your pre-injury and current wages.
• Permanent and Total Disability (PTD): If your injury leaves you permanently unable to perform any type of work, your lawyer works to secure these lifelong weekly payments.
• Permanent Loss of Function (PPD): Your lawyer may secure a one-time payment for a permanent loss of function or use of any body part (e.g., reduced mobility in your knee, vision loss in one eye, or loss of grip strength in your hand) even if you can still return to work.
• Scarring and Disfigurement: This is a separate one-time award if your injury (or necessary surgery) leaves permanent scarring or disfigurement on your face, neck, or hands.
• Vocational Rehabilitation: If your injury prevents you from returning to your former line of work, your attorney can secure these services, which are paid for by the insurer. They provide you with counseling, job training, and placement assistance to help you find a new career.

Death Benefits

In the tragic event that a work injury is fatal, your lawyer helps your surviving dependents, such as a spouse or children, file a claim for weekly wage benefits and a payment to cover burial expenses.

Negotiating With Insurance Companies

Insurance companies are businesses and want to resolve claims for the lowest possible amount. Handling insurance adjusters who are trained negotiators can be intimidating for any injured worker. 

Lawyers have experience with the tactics that insurance companies use. They know how to counter lowball offers and arguments designed to devalue your claim. Their involvement signals to the insurer that you’re serious about receiving the full benefits you are due.

An attorney frames the negotiation around the evidence they have collected. They present a clear, persuasive case backed by medical records, witness accounts, and expert reports. This data-driven approach is far more effective than an emotional appeal. 

Representing You in Formal Proceedings

If the insurance company denies your claim or refuses to offer a fair settlement, your case may proceed to a formal hearing. These proceedings take place at the Department of Industrial Accidents (DIA). 

A lawyer handles all legal filings, prepares you for your testimony, and argues your case before an administrative law judge. It’s a formal legal environment, and your attorney knows the procedural rules and standards of evidence. 

Here are some key tasks your lawyer performs:

• Filing Legal Documents: Your attorney files all the necessary forms and motions to move your case through the DIA dispute resolution process.
• Conducting Discovery: This process involves gathering information from the other side, which may include deposing the doctor who performed an IME for the insurer.
• Presenting Your Case: At the hearing, your lawyer presents your evidence, questions witnesses, and makes legal arguments on your behalf.
• Cross-Examining Witnesses: Your attorney will question the insurance company’s witnesses, including their medical experts, to challenge their testimony.
• Handling Appeals: If you receive an unfavorable decision, your lawyer can file an appeal and continue to fight for your benefits at the next level of review.

Preparing You for a Deposition

The insurance company’s lawyer will ask you questions under oath about your accident, your injuries, and your medical treatment. Your lawyer will meet with you beforehand to explain the process and review the types of questions you’ll face. 

During the entire deposition, they’ll be by your side to object to improper questions and ensure you’re treated fairly. 

Arguing Your Case at Hearings

If your claim is disputed, it will go before a judge at the DIA. An attorney presents your case in a formal hearing, similar to a trial. During the hearing, your attorney presents an opening statement, questions you and your witnesses on the stand, and cross-examines the insurer’s witnesses. 

They submit your medical records and other evidence for the judge to review. At the end, your attorney makes a closing argument summarizing why the evidence supports an award of benefits in your favor. 

How a Workers’ Compensation Attorney Protects Your Future

A serious work injury doesn’t just affect your present; it can alter your future. A top priority for a workers’ compensation lawyer is to protect your long-term financial and medical well-being. They work to secure a resolution that provides security for you and your family for years to come. 

Your attorney focuses on securing benefits that last. This can mean fighting to keep your weekly checks coming or negotiating a lump-sum settlement that fairly compensates you for future wage loss and medical needs. 

Without a lawyer, you risk accepting a deal that runs out long before your need for support does. Finalizing a claim requires careful consideration. Accepting a lump sum closes out your rights to certain future benefits, and your lawyer will explain the long-term consequences. 

FAQ for What Does a Workers’ Compensation Attorney Do?

When Is the Right Time To Contact a Workers’ Compensation Lawyer?

You can contact a lawyer at any point in the process, but it’s often best to do so immediately after your injury. Early involvement allows an attorney to manage the claim from the beginning, preventing common mistakes. 

It’s especially beneficial to call if your injury is serious, if your claim is denied, or if you feel pressured by the insurance company.

How Can a Workers’ Comp Attorney Help if My Claim Was Denied?

If your claim is denied, an attorney can appeal to the Department of Industrial Accidents (DIA). They gather the necessary evidence, such as detailed medical reports and witness statements, to challenge the insurer’s decision. 

Your lawyer then represents you at conciliation, conferences, and formal hearings to argue why you are entitled to benefits.

My Employer Is Pressuring Me To Come Back to Work. Can a Workers’ Comp Lawyer Help?

Your doctor, not your employer, determines when it’s safe for you to return to work. An attorney can communicate directly with your employer and their insurer to make it clear that you’re following medical orders. 

If your employer takes retaliatory action, such as firing you for filing a claim, your lawyer can advise you on your legal options for a separate wrongful termination action.

What Happens if a Third Party Caused My Injury?

If someone other than your employer or a coworker was responsible for your injury (e.g., a negligent driver while you were on a delivery), you can pursue a separate personal injury lawsuit against that third party. 

This allows you to seek compensation for damages not available through workers’ comp, such as pain and suffering. 

Can My Lawyer Help Me Get a Second Medical Opinion?

Yes, if you disagree with the opinion of the insurance company’s doctor or even your own treating physician, your lawyer can help you arrange for a second opinion. They can recommend reputable doctors who can provide an unbiased evaluation of your condition. 

A second opinion may provide crucial evidence to support your claim for ongoing treatment and disability benefits.

Protect Your Rights After a Work Injury

After a work injury, you need to focus on healing, not on legal battles and administrative red tape. Brooks Law Firm provides the advocacy you need to protect your future. We handle the entire claims process so you can put your energy into recovery. 

For a clear explanation of your rights and a review of your case, call us today at (617) 245-8090.