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Our Boston, MA Worker's Compensation Attorney Specialists and Massachusetts Job Site Injury Lawyer Advocates Are Nationally Recognized For Their Skill and Expertise. Call Our Boston Lawyers Today at 617-787-3700.

History of Workers’ Compensation Law

In the early 19th Century, Germany was the first country in the world to create its own workers’ compensation laws. During this time, the industrial revolution brought many new types of workplaces into existence. This myriad of workplaces included many labor-intensive industries, such as railroads, mines and factories. The influx of these new jobs was accompanied by increases in work-related injuries, deaths and diseases. Political and social sympathies for the common worker grew in Germany, which led to that country’s enactment of the German Worker's Compensation Law of 1884, the first step in workers’ compensation legislation.

Other European nations and the United States soon began to follow in Germany’s footsteps. Prior to the establishment of workers’ compensation, American and English laws provided no protection to industrial workers who were injured on the job. The average worker rarely had the financial means to bring a negligence lawsuit against his or her employer in a court of law. Even when they did, an employer would defend such a suit by asserting that the injured worker was personally negligent, that another employee was responsible, or that the employee assumed all risks of injury by accepting the position in the first place. These three defenses came to be known as the “unholy trinity” and usually resulted in a victory for the employer. By the mid 20th century, employee rights began to change for the better. England adopted a workers’ compensation policy in 1897, and by the 1920s, almost all of the United States had some sort of similar program in place.

Our Boston, MA Worker's Compensation Attorney Experts Are Available 24/7 at 617-787-3700. You Can Also Email Our Massachusetts Job Site Injury Attorney Professionals at info@gilhoylaw.com. We Are Ready to Help You!

Massachusetts workers’ compensation programs are designed to provide an exclusive remedy to a Massachusetts employee who is injured in the workplace. When the harm arises out of and in the course of employment, these programs compensate Massachusetts workers for injuries without regard to fault. Modern Massachusetts workers’ compensation programs are based on compromise. By entering into the program, the Massachusetts employee forfeits the right to bring a lawsuit against his or her Massachusetts employer for any injuries sustained while working, in return for automatic monetary compensation for lost wages, medical expenses and sometimes other benefits should an accident occur at the workplace. Massachusetts employers who participate in workers’ compensation programs no longer have to worry about defending lawsuits in Massachusetts courts when their Massachusetts employees are injured on the job; however, they are required to have workers’ compensation insurance in place, insure themselves by setting aside sufficient resources for potential claims, or contribute to government operated compensation funds.

Supporters of the Massachusetts and other workers’ compensation programs maintain that the programs are successful for several social and economic reasons. Socioeconomic experts argue that costs absorbed by employers by paying workers’ compensation benefits are ultimately recouped in the form of higher prices for goods and services. Others argue that workers’ compensation costs are covered by lower wages on average, but the trade off to workers is worth it. Mandated workers’ compensation programs in Massachusetts and throughout the United States are also seen as an incentive to employers to develop and maintain safer workplaces that are free from dangerous conditions.

In Massachusetts, workers that are injured while on the job are eligible to receive worker’s compensation benefits regardless of whether their negligence contributed to the accident. Typically, these injured Massachusetts workers are entitled to medical expense reimbursement, lost wages, disability payments, and a percentage of average income for scars or permanent disfigurement. Every Massachusetts employer is required by law to purchase worker’s compensation insurance coverage. This state law guarantees that Massachusetts workers will be protected in the event of a work-related injury. There are severe penalties for Massachusetts employers that fail to adhere to this requirement, including fines and even criminal action in some instances. The Massachusetts Department of Industrial Accidents (DIA) is responsible for enforcing Massachusetts worker’s compensation laws, and more specifically, making determinations as to what constitutes an “on the job” injury.

One of the greatest benefits of the DIA is that it functions separately from the civil court system in Massachusetts. The DIA has its own administrative law judges, which enables Massachusetts worker’s compensation claims to be heard more efficiently and effectively. The Massachusetts worker’s compensation attorneys at our Boston, MA law firm have earned national recognition in settling complicated Massachusetts worker’s compensation claims and obtaining high damage awards. Massachusetts worker’s compensation claims are often complex because Massachusetts employers and Massachusetts insurance companies have frequently been known to deny that a Massachusetts worker’s injury occurred at a worksite. Even if the Massachusetts employer or insurance company admits that a worksite injury did occur, they may deny the extent to which the individual suffered injuries.

A number of the Massachusetts worker’s compensation attorneys that are available to our clients through referral agreements have been named in The Best Lawyers in America. Many have been recognized by Boston Magazine as Massachusetts Super Lawyers and New England Super Lawyers, and by the Boston Globe as some of Boston’s Best Lawyers. Aside from providing outstanding legal representation, our Massachusetts worker’s compensation attorneys make it a commitment to provide our Massachusetts worker’s compensation clients with excellent client service. We feel that it is essential that our clients are able to fully trust in the expertise and skill of our Massachusetts worker’s compensation attorneys while they focus on recovering from their injuries. Our Massachusetts worker’s compensation lawyers copy our clients on all correspondence, return client phone calls promptly, and only act on behalf of a client with the client’s full consent.

If you or a loved one has been injured at a Massachusetts worksite, you should not hesitate to contact our expert Massachusetts worker’s compensation attorneys. We are renowned experts in our field. There is a statute of limitations that limits the amount of time that you may have to make a Massachusetts worker’s compensation claim. If you do not act within this time period, you or your loved one will be forever barred from recovering for the sustained injuries. Please do not hesitate to contact us at 617-787-3700 or email us at info@gilhoylaw.com. Your needs are our top priority!

It is complex to determine the value of a Massachusetts worker’s compensation injury claim or third party injury claim, particularly at the beginning of the case or just after a Massachusetts employee has been injured. One of the major obstacles in ascertaining the value of a work-related injury claim is that insurance companies often dispute the extent to which their insured is responsible for an employee’s injuries sustained during the course of his or her employment.

Another thing that affects the monetary value of a Massachusetts worker’s compensation case or a third party personal injury claim is the amount of available insurance coverage or assets to satisfy a potential judgment. It is very possible for the worth of a Massachusetts worker’s compensation case or third party case to exceed the amount of available insurance coverage or assets to pay for the damages. In such circumstances, the claim is considered to be underinsured or sometimes even uninsured.

Regardless of whether or not there is a limited amount, or no amount, of available insurance coverage or assets, however, it is always a good start to contact one of our Boston personal injury lawyers at our Boston accident injury law firm as soon as possible if you or a loved one has been injured on the job. Oftentimes, there are ways to locate additional coverage or additional assets, whether it is through the State or another entity. So please do not hesitate. Call our Boston lawyers today at 617-787-3700.

The Boston, MA Law Offices of Gilbert R. Hoy, Jr. and Affiliates is a team of Boston, MA lawyers from some of the best law offices in Massachusetts, including expert Massachusetts workers' compensation lawyers, who have been personally selected by Attorney Hoy because of their skill, experience and expertise. Many of the Boston, MA lawyers who are available to our Massachusetts clients through referral agreements have been repeatedly selected and recognized as among the very best lawyers in Massachusetts and, indeed, the country.

Our Boston, MA Worker's Compensation Attorney Experts Are Available 24/7. Please Do Not Hesitate. Call Our Massachusetts Job Site Injury Lawyer Professionals at 617-787-3700. Your Needs Are Our Top Priority!

If You or Someone You Know Has Been Injured While Working at a Massachusetts Job, Call the Boston, MA Worker's Compensation Lawyer Experts at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates at 617-787-3700 or Email Our Massachusetts Worker's Compensation Benefits Attorney Specialists at info@gilhoylaw.com.

 

 

 

 

 

 

 

 

 

 

 

 

 

Call Our Boston Job Related Injury Lawyers Today At 617-787-3700 or
Email Our Boston Work Related Injury Attorneys At info@gilhoylaw.com
Our Massachusetts Workers' Compensation Attorney Injury Specialists Are Available 24/7.


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Our Boston Workers' Compensation Lawyers Have Obtained Significant Monetary Recoveries For Our Massachusetts Workers' Compensation Clients.
Our Boston Injured Employee Attorneys and Boston Workers' Compensation Lawyers Are Passionate
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