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Massachusetts Workers’ Compensation Lawyer

A workplace accident introduces a complicated claims process at a time when you have the least capacity for it. A Massachusetts workers’ compensation lawyer helps you secure benefits from this insurance system.

Brooks Law Firm helps injured workers get the benefits they need. We take the burden of the claims process off your shoulders so you can concentrate on your health. Contact us today at (617) 245-8090 to discuss your situation.

Key Takeaways

  • Massachusetts law protects you from employer retaliation for filing a workers’ compensation claim.
  • Workers’ compensation benefits can cover medical treatment, a portion of lost wages, and compensation for permanent loss of function.
  • If your claim is denied, you have a legal right to appeal the insurance company’s decision.
  • Speaking with an attorney early in the process helps protect your rights and puts you in a stronger position.

Why Choose Brooks Law Firm for Your Massachusetts Workers’ Comp Claim

After a workplace injury, your only job should be healing. The Massachusetts workers’ compensation system was created for that exact purpose: to provide the medical care and wage benefits you need to recover without financial stress. 

However, accessing that support can feel like a complex second job, with confusing paperwork and deadlines. When your well-being and financial security are at stake, you need a local advocate who knows the community and the law. 

Your Trusted Massachusetts Firm

While our firm is headquartered in Medford, our commitment extends to every injured worker across the Commonwealth. We represent clients from the Berkshires to Boston and from the North Shore to the South Coast. 

Our broad reach gives us a comprehensive perspective on workers’ challenges in Massachusetts’s diverse industries.

Our attorneys can help with the procedures at the different Department of Industrial Accidents (DIA) offices, whether your case is heard in Worcester, Fall River, Lawrence, or Springfield. 

Clear Communication

The workers’ compensation system is full of complex rules and deadlines. We assemble all the details of your case into a clear picture and ensure you know what’s happening at every stage and your options. You’ll always have access to our legal team when you have questions.

Our Meticulous Approach

Our goal is simple: to secure the best possible outcome for you. We prepare every case as if it will proceed to a hearing. This thorough preparation allows us to negotiate from a position of strength and fight effectively for your benefits. 

Call (617) 245-8090 to connect with a Massachusetts workers’ compensation lawyer at Brooks Law Firm and learn how we can help.

Types of Workers’ Compensation Benefits in Massachusetts

The state’s workers’ compensation system offers several distinct types of benefits designed to address the various impacts of a work injury. An attorney can help determine which benefits apply to your specific situation. 

Here is a breakdown of the primary benefits:

  • Medical Care: We work to get coverage for all reasonable and necessary medical care for your work-related injury, potentially for the rest of your life. This compensation covers everything from the initial hospital visit and surgery to long-term needs like pain management, physical therapy, and prescription medications.
  • Total Incapacity Benefits (TTD): If your doctor determines you cannot work while recovering, an attorney secures these weekly payments to replace a portion of your lost income. We verify the amount is 60% of your average weekly wage and fight to prevent the insurer from stopping these benefits prematurely.
  • Partial Incapacity Benefits (TPD): If you’re cleared to return to work in a limited capacity that pays less than your original job, we seek TPD benefits. These benefits pay 60% of the difference between your average weekly wages before the injury and what you can earn after the injury.
  • Permanent and Total Incapacity (PTD): For a catastrophic injury that permanently prevents you from returning to any form of employment, we work to secure PTD benefits, which provide weekly payments equal to two-thirds of your average weekly wage for as long as you remain totally and permanently disabled.
  • Permanent Loss of Function (PPD): A Massachusetts workers’ compensation lawyer can help you obtain a one-time payment to compensate you for the permanent loss of use of a body part, such as diminished mobility in a joint or hearing loss, regardless of whether you return to work.
  • Scarring and Disfigurement Awards: We can pursue a separate, one-time lump-sum payment if a work injury or subsequent surgery causes permanent scarring to your face, neck, or hands.
  • Vocational Rehabilitation: If your injury stops you from returning to your previous career, an attorney can ensure the insurance carrier pays for services to help you find a new one. These services include job counseling, skills training, and assistance with job placement in a suitable new field.

Benefits for Survivors 

Should a workplace injury prove fatal, the deceased worker’s dependents may be eligible for specific benefits. These include weekly benefits equivalent to 66.67% of the worker’s average weekly wage before the incident, cost-of-living adjustments, and burial benefits.

Overcoming Common Challenges With a Massachusetts Workers’ Comp Lawyer

While the system is set up to help injured workers, insurers don’t always make it easy to get benefits. Insurance companies may challenge a claim for various reasons, leading to delays or outright denials. 

Having a Massachusetts workers’ compensation lawyer on your side prepares you to face these challenges effectively and clear administrative hurdles.

Claim Denials

An insurer can deny a claim for many reasons. Sometimes, the denial is based on a simple paperwork error. In other cases, the insurer may argue that the injury was not work-related or that it was due to a pre-existing condition. 

We reconstruct the events of your injury to build a solid case that counters the insurer’s arguments. An initial denial isn’t the end of the road but the beginning of the appeals process.

Disputes Over Medical Treatment and Disability Status

An insurer may also dispute the extent or necessity of your medical treatment. They might argue that a certain procedure is unnecessary or that you have recovered enough to return to work before your doctor agrees. 

These disputes often require presenting strong medical evidence to the DIA. We use medical records and expert opinions to illustrate the true extent of your injuries and the need for ongoing care.

Insurers might base a denial on various claims, such as:

  • Missed Deadlines: The insurer may allege that you didn’t report your injury or file your claim within the legally required time frames.
  • Unrelated Injury: The company may argue your injury happened outside of work or is due to a personal, pre-existing condition.
  • Insufficient Medical Evidence: The insurer may claim that you have inadequate medical documentation linking your condition to a workplace incident.
  • Discrepancies in Reports: The insurance company may point to inconsistencies between your account of the accident and reports from other sources, like a supervisor or witness.

6 Steps To Take After a Workplace Accident in Massachusetts

If you get hurt at work, don’t assume you’ll automatically get full benefits or that your employer’s workers’ compensation insurer will approve your claim. In fact, many workers’ claims get denied or undervalued.

A Massachusetts workers’ compensation lawyer can manage this process for you, but here are the foundational steps you can take to protect yourself:

  1. Create a Written Record of Your Injury: The single most important first step is to report your injury to your direct supervisor or HR department. Provide this notice in writing, detailing the accident’s date, time, and circumstances. Always keep a personal copy of this report, as it serves as the official starting point for your claim.
  2. Get a Medical Evaluation Immediately: Your health is the top priority. Seek emergency medical care if needed and tell the provider your injury is work-related. For non-emergencies, get evaluated promptly. This visit formally documents your injuries and links them to the workplace incident. Then, follow all medical advice and keep detailed records of every appointment.
  3. Document Evidence and Witness Information: If you can, gather information supporting your account of the accident. This includes taking photos of the scene, preserving any equipment involved, and getting the names and contact information of any coworkers who saw what happened. 
  4. Verify Your Claim Is Active: After you notify your employer, they must report your injury to their workers’ compensation insurance carrier. However, don’t assume this has happened. Follow up to confirm that the insurer has received the report and has officially opened a claim file for you.
  5. Limit Your Social Media Activity: Insurance adjusters often review a claimant’s social media profiles. They look for photos or posts that could be misinterpreted to argue you’re not as injured as you claim. To protect your case, avoid posting about your accident, recovery, or physical activities until your claim ends.
  6. Seek Legal Counsel: The insurance company has a team of professionals working to protect its financial interests. You need the same level of advocacy. Consulting a Massachusetts workers’ comp lawyer is the best way to defend your rights and meet all deadlines.

How a Massachusetts Workers’ Compensation Lawyer Protects Your Rights

The law provides a clear set of rights for injured workers. However, insurance companies or employers don’t automatically honor these rights. A Massachusetts workers’ compensation lawyer’s primary role is to enforce and defend them on your behalf. 

For instance, state law prohibits your employer from retaliating against you for filing a claim. If you face termination, a demotion, or a reduction in hours after reporting an injury, we can file a claim under Section 28 of the Massachusetts Workers’ Compensation Act, which prohibits this retaliation. 

Your lawyer also turns your right to appeal an unfair denial into a powerful strategy by managing the complex legal process and building a case to overturn the insurer’s decision.

Your attorney’s job is to protect your rights at every turn:

  • Defending Your Choice of Doctor: After an initial insurer-mandated evaluation, you have the right to choose your own physician. We protect that choice.
  • Executing Your Right To Appeal: An insurance company’s denial isn’t the final word. Your attorney manages the entire appeals process with the DIA, filing all necessary legal documents, gathering new evidence, and representing you at every conference and hearing.
  • Providing Professional Advocacy: You don’t have to face the insurance company, its adjusters, and its legal team alone. We serve as your voice in the system, handling all communications, negotiations, and legal arguments to ensure your side of the story is presented clearly and forcefully.

FAQ for Massachusetts Workers’ Compensation Lawyer

How Long Do I Have To File a Workers’ Compensation Claim in Massachusetts?

In Massachusetts, you have four years from the date you become aware of the connection between your injury and your employment to file a claim with the Department of Industrial Accidents (DIA). 

However, you need to report the injury to your employer much sooner, ideally right after it happens. Waiting to file can make it more challenging to prove your case.

Can I See My Own Doctor for a Work-Related Injury?

While your employer’s insurance carrier can require you to see their doctor for an initial examination, you have the right to seek treatment from your own physician after that. 

Choosing a doctor you trust helps your case. That doctor’s opinions on your condition and ability to work will be central to your claim.

What if My Employer Doesn’t Have Workers’ Compensation Insurance?

It’s illegal for most employers in Massachusetts to operate without workers’ compensation insurance. If your employer doesn’t have coverage, you may be able to get benefits from Massachusetts’s Workers’ Compensation Trust Fund. 

You may also have the option to file a personal injury lawsuit directly against your employer, which is not usually possible in workers’ comp cases.

What Does It Mean When I Reach Maximum Medical Improvement?

Maximum Medical Improvement (MMI) is a term used to describe the point at which your medical condition has stabilized, and further improvement is unlikely, even with continued treatment. Reaching MMI is a significant milestone in a workers’ compensation case. 

At this point, a doctor will evaluate you for any permanent impairment, which can lead to benefits for permanent loss of function.

Why Do I Need a Massachusetts Workers’ Compensation Lawyer for My Case?

A Massachusetts workers’ comp lawyer is your advocate, guiding you through the claims process. They handle all communications with the insurance company, gather the necessary medical evidence, and file all legal paperwork on your behalf. 

Your attorney represents you at all legal proceedings, from informal conferences to formal hearings, and works to get you the full benefits you need.

How much does it cost to hire a Massachusetts workers’ comp lawyer?

In Massachusetts, workers’ compensation attorneys work on a contingency fee basis. This means you do not pay any upfront costs. Your lawyer’s fee is a percentage of the benefits they help you obtain. State law sets both the fee and its percentage. A judge at the Department of Industrial Accidents (DIA) must approve them. If you do not receive benefits, you do not owe an attorney’s fee.

Can I sue someone other than my employer for a workplace injury?

While the workers’ compensation system is your exclusive remedy against your employer, you may have the right to file a separate personal injury lawsuit against a negligent third party.

A third party is a person or company, other than your employer or a co-worker, whose actions contributed to your injury. Examples include the manufacturer of faulty equipment, a driver who caused a work-related car crash, or a subcontractor on a construction site.

A successful third-party claim can provide compensation for damages not available in workers’ comp, such as pain and suffering.

We Fight for the Benefits You Need

After a work injury disrupts your life, putting the pieces back together can seem like a puzzle. You have the medical reports, the missed paychecks, and the physical limitations, but forming them into a case that an insurance company will accept requires a specific approach. 

Brooks Law Firm is ready to help you reconstruct that stability. We take on the legal complexities so you can dedicate your energy to healing. If you were hurt at work, contact us today for the support you need to move forward. Call Brooks Law Firm at (617) 245-8090.