The workers’ compensation attorneys at Keches Law Group are part of a passionate team that will handle your workers’ compensation case from beginning to end. All members of Keches Law Group are advocates for the rights of working people, in and out of the courtroom.
Under Massachusetts Law, c.152, workers’ compensation is required for every company and/or organization.
Massachusetts Injured Workers
Any worker who becomes injured or ill from work because of an incident that occurs within the range of the workplace is eligible for benefits. The Department of Industrial Accidents (DIA) oversees the administration of workers’ compensation law in the state of Massachusetts. If any injured workers’ claim is denied, the Department of Industrial Accidents will handle any disputes.
Workers’ Compensation Benefits
Workers’ compensation benefits are available to workers who have been injured on the job and are unable to return to work. It is available to injured workers in order to obtain weekly wages that have been lost for total and partial disability. Workers’ compensation also covers any medical costs and vocational re-retraining expenses (getting injured workers back into the workforce). A few other benefits include death benefits and funeral costs.
It is strongly encouraged that an injured worker seeks legal counsel. Although injured workers can receive workers’ compensation benefits, it does not mean the process is easy. Having an experienced workers’ compensation attorney to help guide you through the process is extremely helpful.
Some different types of workers’ compensation cases our attorneys have been successful with:
- Lifting Injuries & Back Pain
- Exposure to Harmful or Dangerous Chemicals
- Hand and Wrist Injuries
- Repetitive Stress Injuries
- Carpal Tunnel Syndrome
- Accidents Involving Heavy Machinery
- Accidents Resulting in Burns
- Construction-Related Accidents
- Slip and Falls
- Farming Accidents
- Heart Attacks
- Illnesses Caused by Job Stress
- Injuries Caused by Electrocution
- Injuries Caused by Machines
- Loss of Senses
- Nerve and Joint Injuries Caused by Repetitive Movement
- Traffic Accidents While Working
- Workplace Violence
- Wrongful Death Claims
- Tree Care Accidents
Different Types of Benefits:
There are three avenues for weekly disability benefits, 1) Temporary Total Disability, 2) Temporary Partial Disability and 3) Permanent and Total disability benefits.
Temporary Total Incapacity Benefits (Section 34)
The total number of weeks for compensation for an injured employee who falls under this category cannot exceed 156 weeks or 3 years. During each week, the injured employee shall be compensated for 60% of his/her average weekly wage before the injury, but not more than the maximum weekly compensation rate.
Temporary Partial Incapacity Benefits
Up to 260 weeks or 5 years. However, you are entitled to 7 years of benefits when combining Temporary Total and Temporary Partial Disability. For example, if you receive 3 years of temporary total disability benefits, you cannot receive an additional 5 years of partial disability benefits. However, you can receive another 4 years of partial disability benefits.
Permanent and Total Incapacity Benefits
There is no limit, and it is for as long as you are permanently and totally disabled. Remember, just because you are permanent and total disability benefits does not mean you will be on it for the rest of your life. The insurance company can always file a complaint to discontinue your benefits at any time.
You are entitled to medical benefits as long as medical services are needed, but the insurance carrier has the right to deny or stop treatment if they think you do not need it anymore. You can appeal a denial of treatment through the DIA.
Remember, once you are receiving benefits you need to provide disability opinions from a medical provider. If your doctor releases you back to work, the insurer will terminate your benefits or at the very least, file a complaint to discontinue your benefits.
Death benefits are available to those who have lost an immediate family member due to a work-related injury or illness. The surviving spouse and/or child of a worker who has passed can receive 60% of the average weekly wage.
Pain and Suffering
It is important to know that workers’ compensation does not pay for pain and suffering. One may receive additional benefits if the pain from a physical injury leads to a mental disorder.
Contact Keches Law Group today for a free consultation. No fee unless we win.