Every year across our country, thousands of American workers sustain serious and sometimes catastrophic personal injuries, and occasionally wrongful death, because of work-related personal injury accidents. Massachusetts employees who suffer personal injury damages or wrongful death damages while on the job generally are not allowed to pursue an ordinary negligence claim for Massachusetts personal injuries against their Massachusetts employers or co-employees. Usually, Massachusetts workers’ compensation law provides the only recourse available to Massachusetts workers who are injured while on the job.
The highly skilled and nationally respected Boston, MA worker’s compensation lawyer professionals, Boston personal injury lawyer experts and Boston, MA wrongful death lawyer specialists at our expert, full service Boston, MA law firm have represented injured Massachusetts workers and their families from all over Massachusetts for more than the past 25 years. Our Boston, MA lawyer professionals have recovered millions of dollars in personal injury damages and wrongful death damages arising out of Massachusetts personal injuries for injured Massachusetts employees and their families.
Our Boston personal injury lawyer advocates have been assisting our Massachusetts worker’s compensation clients and their families for more than two decades. Our expert Massachusetts worker’s compensation benefits attorney advocates and Boston, MA wrongful death lawyer specialists are experienced in all types of Massachusetts work related personal injury accidents. Some of the accidents that our Massachusetts worker’s comp benefits attorney specialists have a great deal of experience in include Massachusetts construction site injury accidents, Massachusetts work-related motor vehicle accident negligence, Massachusetts defective product litigation, Massachusetts premises liability claims and more.
Our Boston, MA Workers’ Compensation Lawyer Experts Are Available 24 Hours a Day, 7 Days a Week, at 617-787-3700. Please Get In Touch With Our Massachusetts Workers’ Comp Benefits Attorney Specialists Today.
If you or someone you love has been injured or killed in a Massachusetts workplace accident, it is important that you remember that you are not alone. Massachusetts work-related accidents have the potential to affect Massachusetts residents of all ages and Massachusetts residents in all lines of work. According to studies performed by the Occupational Safety and Health Administration (OSHA), over four million people in the United States sustain a workplace illness or occupational injury every year. Further, across the nation, the combination of occupational diseases and Massachusetts personal injuries sustained while on the job lead to over one thousand wrongful death accidents every year. The United States spends approximately $155 billion on work-related injuries, illnesses and deaths annually.
Sadly, studies show that the majority of these workplace personal injuries are preventable. Of all of the workplace personal injury accidents that take place across the nation every year, only four percent are caused by faulty equipment or technical issues.
The Boston, MA worker’s compensation lawyer advocates at our expert Massachusetts law firm have gained a national reputation for obtaining some of the highest settlement awards and jury trail verdicts available for our Massachusetts worker’s compensation clients. Typically, Massachusetts worker’s compensation personal injury damages include medical expense damages reimbursement, lost earning capacity damages (lost wages) and disability payments. In extreme cases, a Massachusetts employee may be prevented from returning to work because of his or her injuries. In these instances, vocational training may be available to the injured employee.
More specifically, some of the benefits that you are entitled to under Massachusetts law are listed below.
- When your Massachusetts work-related injury requires you to have medical treatment, you can seek treatment from a doctor of your choosing. In other words, neither your employer nor the insurance company that is involved may deny you the right to medical expense benefits when you do not choose to treat with a physician that they have tried to assign to you. But there are exceptions to this general rule. For example, if you signed a preferred provider agreement when you first started your employment, you may then be obligated to go to a first consultation with your employer’s preferred medical care provider. Even under these circumstances, however, you will later be free to see a doctor of your choice after the initial consultation.
- The right to be reimbursed for your medical expenses arising from your Massachusetts workplace injury, including, but not limited to, doctor’s bills, co-payments that you may owe, mileage for getting to your appointments, parking and prescriptions.
- If your work injuries result in a temporary disability, you must be paid sixty percent of your average weekly wage before your injury. That amount would need to factor in overtime pay and any bonuses you receive, in addition to lost income from other Massachusetts employers, if you were undertaking more than one job when you were injured.
- You are also permitted to be paid a partial disability benefit, even where you must get a new job with a new employer, when your current employer is not able to accommodate your physical limitations that result from your disability. If your work-related injury causes a permanent disability, you will then be entitled to receive two-thirds of your average weekly wage, as well as monetary compensation for any annual cost of living increases that arise.
- If your Massachusetts job site injury is so serious that it causes a permanent inability to carry out the essential job functions involved in your work, you will then likely be able to get Massachusetts vocational rehabilitation and training, which will be a part of the benefits that you receive. This vocational rehabilitation may involve job placement, retraining or even additional schooling when necessary.
- If the injury involved at the Massachusetts job site culminates with the wrongful death of the worker, additional benefits will be due and owing to the surviving dependents. Under Massachusetts law, a surviving spouse can get two hundred and fifty weeks of the deceased Massachusetts employee’s benefits, in addition to appropriate annual cost of living increases. The workers’ compensation insurance company is also required to provide benefits for burial expenses that do not exceed four thousand dollars.
Vocational rehabilitation services that are provided by Massachusetts worker’s compensation law typically include: accommodation help; aide with job searching, in addition to application and resume services; counseling; an ergonomics assessment; interview coaching and guidance; labor market surveys; on-the-job training; transferable-skills analysis and testing; tuition payments and reimbursement; and a wage assessment evaluation.
Generally, if you or someone you love has been injured while on the job, and has been unable to work for five days or more, the injured party is entitled to receive Massachusetts worker’s compensation benefits. It is important to remember that Massachusetts employers are not always protected from personal injury damages or wrongful death damages arising out of negligence liability. For example, in the event that a Massachusetts employer is guilty of criminal conduct or does not act in good faith, a Massachusetts employer is not always shielded from liability by Massachusetts worker’s compensation law. A Massachusetts worker may have the ability to file an intentional tort claim against the Massachusetts employer. Massachusetts intentional tort claims may include intentional infliction of emotional distress, assault and battery, and known exposure to dangerous working conditions. Our Massachusetts workers’ compensation attorney experts represent Massachusetts injured workers from throughout the Commonwealth with respect to these types of claims.
If a work-related injury or wrongful death is the result of the negligence of a third party, then that third party can be sued under ordinary negligence principles or for intentional misconduct. Someone else’s intentional act which causes you or a loved one to sustain an injury while working is most often self-explanatory. However, if the act was not intentional, negligence by the other party must be shown in order for the injured party to recover money damages. In order to demonstrate negligence with regard to a personal injury claim, there must be a showing of duty, breach, causation and damages. Our Boston personal injury lawyer experts and Boston, MA wrongful death lawyer professionals are highly skilled at showing that the other party owed a duty of care to the injured party. The next step for our Boston, MA personal injury lawyer advocates is to show that the duty was breached, and because of the breach, the employee suffered Massachusetts personal injuries. As an example, a Massachusetts product manufacturer has a duty to use reasonable care while creating a product that an employee will be using on the job. If the Massachusetts manufacturer creates an unreasonably dangerous product, the product manufacturer will be found to have acted negligently and may be found responsible for your damages in the event that you are injured.
Our Boston, Massachusetts Workers’ Compensation Lawyer Experts, Boston Personal Injury Lawyer Advocates and Boston, MA Wrongful Death Lawyer Professionals Are Nationally Recognized Because Of Their Skill And High Level Of Expertise. Our Massachusetts Workers’ Comp Benefits Attorney Advocates Are Available 24 Hours a Day, 7 Days a Week. Call Our Boston, MA Lawyer Specialists Today at 617-787-3700.
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