Injuries that are suffered at Massachusetts workplaces, or on the job, fall under a separate area of Massachusetts law known as Massachusetts Workers’ Compensation. In Massachusetts, the Workers’ Compensation Act is set forth in Massachusetts General Laws, Ch. 152. The Massachusetts Worker’s Compensation Statute is a wage replacement system that is designed to pay injured Massachusetts workers both medical benefits and lost wages during their period of incapacity from work. This is a no-fault statute, which means that Massachusetts workers are eligible for Massachusetts workers’ compensation benefits whether or not their negligence contributed to the accident.
Massachusetts employers are legally required to purchase and carry workers’ compensation insurance coverage to protect their Massachusetts employees in the event of a Massachusetts work-related injury. Massachusetts employers who fail to maintain required workers’ compensation insurance coverage may face harsh legal penalties, including fines and sometimes even criminal action. What is considered to be an “on the job” injury is determined by the Massachusetts Department of Industrial Accidents (DIA). The DIA is responsible for administering and enforcing Massachusetts workers’ compensation laws. The DIA, which is separate from the Massachusetts civil court system, employs its own Administrative Law Judges who oversee Massachusetts work-related injury claims. This system keeps Massachusetts workers’ compensation cases outside of the Massachusetts civil court system, which is more efficient for Massachusetts courts, Massachusetts workers and Massachusetts employers.
Massachusetts workers’ compensation law benefits usually include medical costs and expense coverage, disability payments, a percentage of average income and compensation for permanent disfigurement or scars. In many cases, an injured Massachusetts worker is also eligible to receive vocational retraining, if their Massachusetts work-related injury prevents him or her from returning to their previous occupation. In return for these benefits, a Massachusetts employee is not allowed to file a Massachusetts personal injury lawsuit against his or her employer for any work-related injuries.
Unfortunately for Massachusetts employees, receiving the workers’ compensation benefits to which they are entitled is not always easy. This is because Massachusetts employers and their Massachusetts insurance companies have been known to claim that an injury did not happen at a Massachusetts work site or that a worker is entitled to less benefits than they are claiming. Massachusetts employers may also sometimes pressure Massachusetts employees to return to work sooner than their physician recommends.
One of the most frightening aspects of Massachusetts worksite and work-related accidents is that a high number of them are preventable. Fortunately, Massachusetts worker’s compensation laws are designed to protect the injured Massachusetts worker. If you have been the victim of a Massachusetts work-related injury, you may be entitled to Massachusetts worker’s compensation benefits. In order to obtain a damage award, the work-related injury must have occurred on the job, the injury must have necessitated medical treatment, and the injured victim must have been unable to return to work for five days or more as a result of the injuries.
Our Massachusetts worker’s compensation attorneys have been successfully handling Massachusetts worker’s compensation claims for over two decades and have gained a national reputation as a result. Many of our Massachusetts personal injury attorneys have been formally recognized as some of Boston’s Best Lawyers in the Boston Globe and Boston Magazine, and a number have been acknowledged in The Best Lawyers in America.
In the worst circumstances, a Massachusetts worksite accident can result in a Massachusetts wrongful death. Massachusetts wrongful death law is based on the idea that the family of the deceased victim should be able to recover a damage award on the deceased’s behalf. Generally, the spouse and children of the deceased are automatically entitled to a damage award on the victim’s behalf. If the deceased was unmarried at the time of death, the next of kin will be able to receive compensation. In addition to monetary compensation for a decedent’s lost wages, Massachusetts wrongful death beneficiaries receive financial compensation to cover funeral and burial expenses. The Massachusetts worker’s compensation attorneys at our Boston, MA law firm have over 25 years of experience in handling and settling Massachusetts worker’s compensation claims that result in a Massachusetts wrongful death.
Massachusetts employers are not always barred from liability in the event that a worksite accident injures an employee. If the Massachusetts employer acts in bad faith or is potentially criminally liable for the actions, the employer can and will most likely be held liable for the Massachusetts worker’s injuries. It is important to note that there is a statute of limitations that limits the amount of time that an injured Massachusetts worker may have to file a claim. It is, therefore, critical that you or your loved obtain the services of one of our expert Massachusetts worker’s compensation attorneys immediately following the work-related accident. If you do not act within the necessary amount of time, you may be forever barred from recovering for your injuries. Please do not hesitate to contact our Massachusetts worker’s compensation attorneys at 617-787-3700 or email us at info@gilhoylaw.com. Your needs are our top priority!
