Boston Workers Comp Lawyer
When you’ve been injured at work, you are entitled to workers compensation. For help obtaining your benefits or to fight a wrongful denial, reach out to an experienced Boston workers comp attorney today.
Work injuries are the worst. Not only do you have to deal with the physical effects of your injury, but you’re also more than likely facing serious financial strain because you’re unable to earn a living while you recover. Your bills aren’t going to pay themselves, and with medical expenses quickly adding up, you could find yourself in quite a precarious situation.
With a Boston workers comp lawyer at Joel H. Schwartz, PC by your side, you can breathe a sigh of relief knowing you have a highly trained professional backing you up. Your lawyer will gather compelling evidence that will support your need for workers comp benefits. We’ll work hard to make sure the insurance provider will have no choice but to approve your claim.
First, Seek Medical Care for Your Injuries
Your health and wellbeing are the most important concern, and you should first seek immediate medical treatment. Doing so can help support your Boston workers comp case. If you don’t, you run the risk of lifelong consequences and permanent injury. You’re free to receive treatment from any doctor you wish, contrary to what your employer might suggest. Here’s what the law says:
Under the Massachusetts workers compensation statute (Massachusetts General Laws, Chapter 152), your employer is responsible to pay for all on-the-job-accident-related medical care, which includes emergency care, hospital visits, follow-up doctor visits, testing, treatment, and medication.
This statute also entitles you to receive 60 percent of your average weekly pay, which includes regular overtime and salaries from any other jobs you might have. In other words, if you are hurt at one job, your average weekly wage is computed by looking at your earnings from all of your jobs combined.
We will need to file your claim for benefits within four years of the date the accident occurred or when you were first diagnosed with an injury or illness that directly related to your work injury. If we fail to meet this deadline, you will not be able to collect the workers comp benefits you’d otherwise be entitled to. Your workers comp lawyer in Boston can make sure you meet all deadlines with time to spare.
Does Workers Compensation Cover Your Injury?
When you apply for workers comp benefits in Boston, the insurance company is going to want to know everything about the injury you suffered at work. Most injuries, whether they are traumatic brain injuries, amputations, severe burns, spine or neck injuries, or broken bones, should be covered as long as they occured while you were on the clock and performing the duties of your position.
Workers comp doesn’t just cover physical injuries. If you’ve been in a Boston work accident and are now dealing with the effects of post-traumatic stress disorder (PTSD), clinical depression, debilitating anxiety, or some other mental health issue that stems from the injury you endured, workers comp should cover that, as well.
In addition, workers compensation benefits can also cover you for work-related illnesses. If you work in the construction industry, for example, and were frequently exposed to asbestos and subsequently developed mesothelioma, your employer’s workers compensation coverage should kick in to support you.
The only cases in which workers comp benefits can be rightfully denied are if you are suffering from a pre-existing condition that has nothing to do with your position at work, if you were in violation of the company’s code of conduct when you were injured, if you were under the influence of drugs or alcohol, or if you were committing a crime at the time of your injury.
Should You Deal with It Yourself or Have an Attorney File a Claim on Your Behalf?
You’ve been injured and you’re in pain. The last thing you need is a feeling of uncertainty. Will all of your medical bills be paid? Are the workers compensation benefits you’re receiving accurate? Will you still have a job after you’ve recovered? If you can’t go back to work permanently due to the injury, can you be retrained? These questions can be answered by a qualified and experienced Boston workers compensation lawyer.
Your employer could also challenge the necessity and extent of your treatment—and they often do. But remember, you’re the injured one, not your employer. You deserve and should expect to get the treatment you need and the compensation to which you’re entitled.
Workers compensation laws are complex. The particular circumstances of your Boston workman’s comp claim will dictate whether you need a lawyer to protect your legal rights. At a minimum, you should seek a free consultation with an experienced workers compensation attorney to assess your situation. If you call us, we’ll let you know if you really need legal help.
We understand that people are often skeptical about lawyers in general; we’re the exception. Read what other injured people have said about us on our Testimonials page.
What Can You Expect from the Employer and Insurer?
Your employers should contact their workers compensation insurer immediately so a file can be set up on your behalf. Some employers are good about taking care of their employees, while others are not. The same applies to workers compensation insurance companies in Boston and across Massachusetts.
Sometimes, they will give you all the benefits you are due. Other times, they will try to take advantage of you. For these reasons, plus a number of other loopholes in the statute, you need experienced legal advice from the beginning. That way, your rights will be clearly explained and you’ll be well-protected.
We Will Fight to Get Your Boston Work Comp Denial Overturned
If your claim for workers compensation benefits in Boston has been denied, you can file an appeal with the Department of Industrial Accidents (DIA), which will review your case. Generally speaking, denials can be reversed before this by answering objections the insurer had or by providing additional supporting medical documentation of the extent of your injuries.
In filing an appeal with the DIA, we will need to provide your medical records and information about your injury, who your employer’s workers comp insurance provider is, the types of benefits you need, and how long you are expected to remain out of work, among other things.
We will provide this information along with Form 110 – Employee Claim and include our compilation of supporting evidence, such as witness statements, expert testimony, and other incident reports that should have been filed. The DIA will examine the specifics of your case and either approve you for benefits or send you a notice of rejection detailing the reasons for doing so.
Should you end up in this situation, and we have established that you are, in fact, disabled and in need of financial support while you are out of work, we can request a hearing in front of an impartial judge who will review all of the aforementioned documentation and make a final decision on your Boston work comp claim.
What Can You Expect from a Workers Comp Lawyer in Boston?
Personal attention, honest and proactive representation, and results. We have several seasoned attorneys who specialize in workers compensation cases. In fact, our workers compensation group has been acknowledged as one of the best in the state. We have experience at all levels of the workers compensation process—the conferences, hearings, and appeals.
We also know the people; with decades of experience with all of the workers compensation insurers, we know how they operate. We also know the administrative judges and what they look for. We will prepare your case with great care and make sure you have the best chance at success, starting with a free consultation.
If you’re entitled to a settlement, we have the workers compensation lawyers to help you. At some point, you may be entitled to a “lump sum” settlement of your claim with the insurer. As part of the settlement, our goal is to keep your medical benefits “open.”
This means that even after your case “closes,” you can still get free related medical treatment through the workers compensation insurer. In other words, we don’t just care about you now, but also into the future. You want peace of mind, and we are here to see that you get it.
Call Today for Your Free Consultation. No Pressure. Just Answers.
When you’re unable to continue working due to an injury you suffered at work, you’re entitled to workers compensation benefits that can help support your standard of living and cover your steadily growing medical expenses.
Reach out to a dedicated Boston workers comp lawyer with Joel H. Schwartz, PC to discuss the details of your case in greater depth. We can be reached at 1-800-660-2270 or through the convenient contact form below when you’re ready to schedule your no-obligation case assessment.