The short answer to this question is: Yes.
Workers’ compensation in Massachusetts is considered a no-fault insurance system. This means that we don’t need to consider who was negligent or whose fault the accident was in order for a worker to be eligible for workers’ compensation benefits. Instead, workers’ compensation focuses on whether you were involved in a work-related accident, that is were you in the course of your employment at the time of the accident, and were injured as a result.
This means that the work-related accident could have completely been the injured worker's fault, but nonetheless, he or she would still be eligible for workers’ compensation benefits.
While you may be eligible for benefits, a major concern is whether the insurance company is going to pay them and whether they are going to pay the amount you deserve.
Joe and I have nearly 50 years of combined experience handling workers’ compensation claims and we understand how stressful and frustrating it can be when someone is hurt on the job and is out of work with no income. Sometimes insurance companies refused to pay what they should and that only adds to the stress. We deal with these insurance companies and adjusters every day. With us on your side, we won’t let the insurance company get away with not paying you what you deserve. So, let us deal with the legal issues so you can focus on your treatment and getting better.