In Massachusetts, personal injuries that are sustained while an individual is on the job and working fall under an area of Massachusetts law known as Massachusetts workers’ compensation law. Under the Massachusetts workers’ compensation benefits framework, an injured Massachusetts worker receives, at a minimum, both medical expense damages and lost earning capacity damages (lost wages) during the time that he or she is unable to work. It is essentially a wage replacement system.
Massachusetts worker’s compensation law is a no-fault statute. This means that Massachusetts workers are eligible for Massachusetts workers’ compensation benefits regardless of whether their own negligence contributed to their job-related Massachusetts personal injuries, personal injury damages or wrongful death damages.
In Massachusetts, employers are required by law to purchase and offer workers’ compensation insurance coverage in order to protect Massachusetts employees who sustain a work-related injury in a Massachusetts personal injury accident. In the event that a Massachusetts employer does not purchase the necessary worker’s compensation insurance coverage, the employer may suffer harsh legal penalties, including being strictly liable for all personal injury damages or wrongful death damages. Typically, there are also penalties, that come in the form of fines, and occasionally criminal action may be taken.
The Massachusetts Department of Industrial Accidents (DIA) determines what constitutes an “on the job” injury, and the DIA is also responsible for enforcing Massachusetts workers’ compensation law. The DIA is a separate entity from the Massachusetts civil court system, and employs its own administrative law judges. These judges oversee Massachusetts work-related injury claims. The system is quite efficient and very effective because it keeps determinations regarding Massachusetts workers’ compensation benefits outside of the Massachusetts civil court system.
Please Get in Touch with Our Boston, MA Workers’ Compensation Lawyer Experts As Soon As Possible at 617-787-3700. In the Event That You or a Loved One Has Been Injured While on the Job, Our Boston, MA Lawyer Professionals Are Available to Assist You, 24 Hours a Day, 7 Days a Week. Call 617-787-3700 Today!
Typically, Massachusetts workers’ compensation benefits will include medical expense damages reimbursement, a percentage of average income, permanent disfigurement or scarring injury damages compensation and disability payments. In a large number of cases, a Massachusetts employee who has been injured while on the job is entitled to receive vocational retraining if the Massachusetts personal injury prevents him or her from returning to work. Under Massachusetts worker’s compensation law, however, a Massachusetts employee is not able to file a Massachusetts personal injury lawsuit for negligence against his or her employer for any personal injuries that are sustained while on the job.
While the Massachusetts worker’s compensation law system seems fair, in theory, it is often difficult in practice for Massachusetts workers to actually receive the workers’ compensation benefits to which they are entitled. Massachusetts employers and the Massachusetts insurance companies of these employers often try to claim, for example, that the personal injury damages or wrongful death damages did not arise out of a personal injury accident at a Massachusetts work site.
Sometimes, the insurance company may also allege that an employee is entitled to less benefits than they are seeking. It is also not unusual for Massachusetts employers to pressure Massachusetts employees to go back to work sooner than their physician recommends. Employers frequently try to minimize the personal injury damages alleged in an effort to save money.
In addition, and most unfortunately, the majority of Massachusetts work-site personal injury damages and work-related personal injury accidents are preventable. Luckily, Massachusetts worker’s compensation laws are designed to ensure that Massachusetts workers who are injured on the job receive the necessary personal injury damages. In the event that you or your loved one has been the victim of an injury while on the job, it is likely that Massachusetts worker’s compensation benefits are attainable. In order to obtain damages for the work-related injury, the victim must have required medical treatment, and the employee must have missed at least five days of work as a result of his or her personal injuries.
In the most extreme circumstances, an accident that occurs while a Massachusetts employee is at work can lead to a Massachusetts wrongful death. Massachusetts wrongful death law is centered on the notion that the wrongful death victim’s loved ones should be entitled to wrongful death damages on the victim’s behalf. If the victim was married at the time that the wrongful death injury accident occurred, the spouse and children of the deceased victim are typically entitled to the next of kin, wrongful death money damages. Massachusetts wrongful death beneficiaries, aside from being entitled to receive some of the decedent’s lost wages, are also entitled to recover money damages for funeral and burial expenses.
The Boston, MA worker’s compensation lawyer advocates at our full service Boston, MA law firm have over two decades of experience in settling Massachusetts worker’s compensation claims and obtaining some of the highest damage awards that are available. Frequently, wrongful death damages are in the many millions of dollars, and our Boston, MA wrongful death lawyer professionals are nationally recognized experts in the field. Call our Boston personal injury lawyer specialists 24/7 at 617-787-3700!
It is important to note that Massachusetts employers will sometimes be held liable for personal injury damages or wrongful death damages, that are generally only available in negligence actions, in some instances where an employee is injured while on the job. For example, if the Massachusetts employer acts in bad faith or is guilty of criminal misconduct, the employer can be held liable for the personal injuries sustained by the Massachusetts worker.
There is a statute of limitations that sets a limit on the amount of time that you or your loved one may have to file a Massachusetts worker’s compensation claim, a claim for Massachusetts personal injuries arising out of a Massachusetts personal injury accident, or a Massachusetts lawsuit arising out of a Massachusetts wrongful death injury accident. It is thus crucial that you or your loved one speak with one of our expert Boston, MA worker’s compensation lawyer advocates, Boston, MA personal injury lawyer professionals or Boston, MA wrongful death lawyer specialists as soon as possible after the work-related accident takes place at 617-787-3700. Our Boston, MA lawyer professionals are available 24/7 to speak with you, and it costs you nothing to speak with us now.
In the event that you do not act within the appropriate length of time, you may be barred from ever receiving compensation for your on-the-job Massachusetts personal injuries. Please get in touch with our Massachusetts worker’s compensation attorney experts 24/7 at 617-787-3700 or email us at email@example.com.
Our Boston, MA Workers’ Compensation Lawyer Specialists Can Help You or a Loved One Who Has Been Injured On the Job. Our Massachusetts Worker’s Comp Benefits Attorney Experts Are Available 24 Hours a Day, 7 Days a Week, at 617-787-3700. Call Today. Your Needs Are Our Top Priority!