Frequent Questions on Workers’ Compensation, Motor Vehicle Accidents, Construction Accidents, and More

We have answered a lot of questions over the years, and want all injury victims to have the benefit of our experience. Browse our FAQ page to find answers on construction accidents, car crashes, work accidents, and wrongful death.

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  • Can I sue my Employer for my work injury?

    This is a great question that we answer quite frequently. The answer is NO.  In Massachusetts, the workers' compensation laws are set up to be the exclusive remedy for work related injuries. The insurance that Employers are required to carry for injured employees is called "no fault" insurance.  This insurance provides injured workers with benefits for medical care and disability benefits (partial wage replacement). This "no fault" insurance also protects the Employers from potentially damaging lawsuits.  So, generally you cannot file a lawsuit against your Employer for your injury. 

    This is one main reason why workers' compensation claims are significantly different from other personal injury case.  Even in the case where the Employer may have been negligent and that negligence caused or contributed to your injury, you are prevented from filing a lawsuit against your Employer. 

    Have you Been Hurt on the Job in Massachusetts?

    If you, or someone you know, has been injured on the job in Massachusetts you most likely have many questions. Feel free to call us at (508) 879-3500 or contact us online. You should take the time to speak with our legal team so we can evaluate your case for free. It just might be the best decision you make. 

     

  • I was seriously hurt on the job. Who’s going to pay my medical bills?

    The laws in Massachusetts, specifically General Laws c. 152 §§ 13 and 30, state that if an employee is hurt while working, he or she is entitled to receive all medical benefits that is reasonable, medically necessary, and causally related to the work injury.  In fact, the laws obligate the workers compensation insurance company to pay these medical benefits.

    For example, if you fall from a ladder while working and break your leg, all treatment, including hospital visits, doctor appointments, surgeries, physical therapy and even medications, are to be paid by the workers compensation insurance company.  

    These medical benefits also cover costs of medications and reimbursement for all out-of-pocket medical expenses, such as, travel to and from doctor visits (mileage, parking, and tolls). 

    Have you Been Hurt on the Job in Massachusetts?

    If you, or someone you know, has been injured on the job in Massachusetts you most likely have many questions. Feel free to call us at (508) 879-3500 or contact us online. You should take the time to speak with our legal team so we can evaluate your case for free. It just might be the best decision you make. 

  • Can I get money for pain and suffering for my work injury?

    The short answer is “No”.  If you are injured on the job the Workers’ Compensation laws in Massachusetts allow for the payment of disability benefits and medical benefits.  The Massachusetts laws do not provide additional benefits for pain and suffering.  So, when you settle a workers’ compensation claim, generally you are receiving a lump sum of future disability benefits up front.  There is no additional payment for pain and suffering. 

    However, if your injury occurred on the job, but was caused by a third party (not your employer) then you can pursue a separate “third-party” claim for damages, including pain and suffering just like any other personal injury type case.  For example, if you work for a landscaping company and, while driving to a job site, are rear ended by another car and injured you can pursue a claim for workers’ compensation benefits (disability and medical benefits) and pursue damages (including pain and suffering) against the negligent third party that rear ended you. 

  • When is the best time to hire a car accident lawyer?

    The best time to hire an attorney in any case is immediately. In accident cases, the sooner your attorney can start gathering evidence and obtain witness statements the better chance of success in your case. Cases are won or lost on evidence. In addition, there are time limits to file cases after an accident or being injured. You must act quickly to preserve your rights. 

    After a car accident, an experienced personal injury lawyer can also work with your insurance company to coordinate the payment of your medical bills and help get you lost wages if you are unable to work because of your injuries. 

    Also, an experienced injury attorney will help protect you from making mistakes early on that can ruin a personal injury claim.  Protect yourself and hire (or at least speak with) an experienced personal injury lawyer right away. 

    Have you Been Hurt in an Accident?

    If you, or someone you know, has been injured in an accident in Massachusetts you most likely have many questions. Feel free to call us at (508) 879-3500 or contact us online. You should take the time to speak with our legal team so we can evaluate your case for free. It just might be the best decision you make.

    For answers to many questions and great information on how to get the best possible settlement in your accident case, get a copy of our book: You Were in a Car Accident: How to Maximize Your Settlement. This book will provide you with information to help maximize your accident settlement. Best of all, it’s free

  • My employer (or their workers comp insurance company) said I have to see their doctor. Can I choose my own doctor?

    Absolutely. If you are involved and injured in a work accident you certainly have the right to get treatment from a doctor you choose.You may have to see a preferred medical provider for your initial treatment visit, however, if your employer requires it. After that, you have the right to see and treat with whomever you choose. Many employers will tell you that you have to go to a certain hospital or doctor. Your employer or their insurance company cannot force you to see a doctor that you do not want to see unless you have a specific agreement with your employer.  A workers’ compensation insurance company can, however, make you go to an independent medical examination performed by their doctor. 

    Have you Been Hurt on the Job in Massachusetts?

    If you, or someone you know, has been injured on the job in Massachusetts, you should seek advice about your legal rights. Feel free to call us at (508) 879-3500 or contact us online. You should take the time to speak with our legal team so we can evaluate your case for free and advise you about your rights. It just might be the best decision you make. 

  • What payments can I receive if I am hurt at work?

    Employees hurt at work, who qualify, are entitled to payments from their employer’s workers compensation insurance carrier know as disability benefits.  There are three types of disability benefits in Massachusetts. 

    1. Temporary Total Disability Benefits (Section 34 benefits).  These benefits are payable to employees whose work injury leaves them unable to work for six or more days.  The payments will be 60% of the employee’s gross average weekly wage.  The injured employee can receive these benefits for up to 3 years (or 156 weeks).

     

    1. Temporary Partial Disability Benefits (Section 35 benefits). If the employee’s injury still allows them to work, but they are losing part of their pay because of the injury, then the employee will qualify for partial disability payments. The payments you receive for partial disability are based on what you are able to earn at work while injured.  The maximum payments, however, for partial disability are two-thirds (or 75%) of your total disability benefits discussed above in No. 1.  Partial disability benefits are available for up to 5 years (or 260 weeks)(or 4 years if you were paid all 3 years of your total disability benefits).

     

    1. Permanent and Total Disability Benefits (Section 34A). These payments are for employees who are totally and permanently unable to work because of their injury.  The employee must be unable to perform any kind of work at all. The payments are two-thirds (or 75%) of the employee’s average weekly wage and are payable to the injured worker for as long as he/she remains disabled. Employees, who are deemed permanently and totally disabled, are also entitled to cost-of-living adjustments (COLA). 

    Have you Been Hurt on the Job in Massachusetts?

    If you, or someone you know, has been injured on the job in Massachusetts you most likely have many questions. Feel free to call us at (508) 879-3500 or contact us online. You should take the time to speak with our legal team so we can evaluate your case for free. It just might be the best decision you make. 

  • How do I pay my medical bills after I am hurt at work?

    If you are hurt at work and need to see a doctor, all reasonable and related medical costs are to be paid by your employer’s workers compensation insurance carrier. For example, if you are injured at work and are rushed to the emergency room by an ambulance then the workers’ compensation insurance should pay the bills related to the ambulance transport and the emergency room doctor bills, x-rays or diagnostic tests. While our laws here in Massachusetts require the workers’ compensation insurance to pay all reasonable and related medical bills, some insurance companies will, unfortunately, decline to pay these bills for any number of reasons.  If an insurance company refuses to pay specific treatments that you and your doctor may request, you have the ability to file a claim with the Department of Industrial Accidents and seek a court order for the insurance company to pay. 

     

    Have you Been Hurt on the Job in Massachusetts?

    If you, or someone you know, has been injured on the job in Massachusetts you most likely have many questions. Feel free to call us at (508) 879-3500 or contact us online. You should take the time to speak with our legal team so we can evaluate your case for free. It just might be the best decision you make. 

  • How soon do I get paid workers’ compensation after my injury?

    This is a usual question we hear from someone, who has recently been injured in a workplace accident. A few things need to happen before you get paid disability benefits for your work injury.  First, you must have been unable to earn full wages for five (5) or more full or partial calendar days due to a work related injury.  Then, your employer has seven (7) days, not including Sundays and legal holidays, from the fifth date of loss, to report the injury to its workers’ compensation insurance company. The insurance company will then have fourteen (14) calendar days after receiving the first report of injury to either mail you a check or notify you that they have denied compensation.  If you receive a denial by the insurance company click here to find out what you can do.

    Have you Been Hurt on the Job in Massachusetts?

    If you, or someone you know, has been injured on the job in Massachusetts you most likely have many questions. Feel free to call us at (508) 879-3500 or contact us online. You should take the time to speak with our legal team so we can evaluate your case for free. It just might be the best decision you make. 

  • I was hurt at work and workers’ comp denied my compensation. What do I do now?

    Typically, you would not be able to file a claim with the Department of Industrial Accidents until thirty (30) calendar days have passed since your first date of disability.  But, in situations like this, where workers’ compensation insurance company has sent their Insurer’s Notification of Denial (Form 104), you can file an Employee Claim (Form 110) to pursue disability and medical benefits before the thirty (30) days pass. 

  • How long do I have to file my workers' comp claim?

    In Massachusetts, for work related injuries that occurred on or after 1/1/1986, a workers' compensation claim must be filed with the insurer within four (4) years of the date an employee becomes aware of the causal connection between their disability and their employment. In the case of the death of an employee, the claim must filed be within four (4) years of the date of death.  If you recieve a notice of denial from the insurer (or a Form 104), you have four (4) years from the date you received that denial (or Form 104) to appeal the denial.  

    If you fail to file the claim or appeal a denial in time, you will be forever barred from filing your claim.  Don't delay. 

    Have you Been Hurt on the Job in Massachusetts?

    If you, or someone you know, has been injured on the job in Massachusetts you most likely have many questions. Feel free to call us at (508) 879-3500 or contact us online. You should take the time to speak with our legal team so we can evaluate your case for free. It just might be the best decision you make.