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Calls Answered Seven Days a Week |
WORKERS'
COMPENSATION LAWYERS
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Parker Scheer LLP
Boston Office
1 Constitution Plz
Boston, Massachusetts
02129
Directions
Phone: 617-886-0500
Fax: 617-886-0100
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In today's economy work often takes us to different
states and countries. A person who is injured while on assignment
out of state may have options with respect to the system of
workers’ compensation from which he or she may seek benefits.
Massachusetts has long recognized that a person
who is injured while working in this state can choose to pursue
benefits under the Massachusetts Workers' Compensation Act,
or the workers' compensation system of the state in which
he or she was hired, provided that the law of the hiring or
employing state allows such a claim to be filed. This can
be critically important for a person who works for an out
of state employer whose home state does not provide coverage
for an employee injured while working outside of that state.
This is true, for example, under New Hampshire law. If you
are employed in New Hampshire, and are injured while on assignment
in Massachusetts, the New Hampshire Act does not cover you
as one cannot make a claim under the New Hampshire workers'
compensation act for an injury that occurs out of that state.
You can, however, make a claim under the Massachusetts Workers'
Compensation Act.
On the other hand, a person hired in Massachusetts
is covered under its Workers' Compensation Act regardless
of where the injury takes place, so long as that injury occurs
in furtherance of his or her employer's business.
This decision as to which jurisdiction to make
a claim in involves a complex analysis. The amounts paid to
an injured worker vary by state. There is no uniform payment
schedule. While some states may pay weekly compensation benefits
of up to 2/3 of an employee's average weekly wage, the benefit
may be capped by statute at a lower weekly amount than a state
such as Massachusetts, which limits weekly benefits to no
more than 60% of the average weekly wage in most cases. Massachusetts
weekly benefits, while lower on a percentage basis, are capped
at a higher weekly amount than many other states (for example,
New York and New Jersey have far lower weekly maximum payments)
that allow a higher percentage. In other words, while New
York may pay up to 2/3 of the injured workers’ average weekly
wage, its maximum weekly compensation rate is less than the
maximum available under Massachusetts law. The length of time
during which these benefits can be paid also varies greatly
from state to state.
There are other subtle distinctions with each
state, such as the circumstances under which an injury is
compensable may well change as one passes from state to state.
Each state is free to create its own law in this area, and
there is considerable variation among the states not only
in terms of weekly benefits but also in terms of the provision
of medical care, and the payment of specific compensation
for the partial or total loss of use of various body parts
and functions, even in terms of a compensable injury itself.
To speak with a highly experienced workers’
compensation lawyer, click
here, or telephone Parker Scheer LLP seven days
a week, toll free at 886-414-0400. There is no fee charged
to discuss your case, and all information furnished will be
kept strictly confidential.
Massachusetts
Workers' Compensation - F.A.Q's
Massachusetts
Premier Workers' Compensation Lawyers
Other Massachusetts Workers'
Compensation Resources
Massachusetts
Workers' Compensation Act
Massachusetts
Department of Industrial Accidents
Injured
Worker's Guide (Publication of Mass. Department of Labor)
The
Workers' Compensation Rating and Inspection Bureau
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Parker Scheer LLP lawyers handle workers' compensation claims in Massachusetts towns including Acton, Amesbury, Amherst, Andover, Arlington,
Ashburnham, Ashfield, Ashland, Athol, Attleborough, Barnstable,
Barre, Bedford, Belmont, Berkley, Berlin, Bolton, Boston, Boxborough,
Boxford, Boylston, Bradford, Braintree, Burlington, Buzzards
Bay, Cambridge, Carlisle, Charlemont, Charlestown, Charlton,
Chelmsford, Chelsea, Clinton, Concord, Danvers, Dedham, Deerfield,
Dudley, Duxbury, East Longmeadow, Essex, Fall River, Fitchburg,
Foxboro, Framingham, Franklin, Freetown, Gardner, Gill, Gloucester,
Granby, Groveland, Hadley, Hamilton, Hanover, Haverhill, Holbrook,
Holliston, Holyoke, Hopkinton, Hubbardston, Hudson, Ipswich,
Kingston, Lakeville, Lancaster, Lawrence, Leominster, Lexington
Lincoln, Lowell, Ludlow, Lynn, Lynnfield, Malden, Marblehead,
Marlborough, Marshfield, Maynard, Melrose, Methuen, Methuen,
Middleborough, Middlefield, Milford, Milton, Monterey, Nantucket,
Natick, Needham, New Bedford, Newbury, Newburyport, Newton,
North Attleborough, North Brookfield, Northampton, Northborough,
Paxton, Peabody, Pepperell, Pittsfield, Plymouth Provincetown,
Quincy, Reading, Richmond, Rockport, Rowe, Rowley, Salem, Saugus,
Sherborn, Southbridge, Spencer, Sterling, Stoughton, Stow, Sturbridge,
Sudbury, Templeton, Topsfield, Townsend, Truro, Upton, Wakefield,
Waltham, Watertown, Wayland, Wellesley, West Boylston, West
Newbury Westborough, Westford, Weston, Westport, Williamstown,
Wilmington, Winchendon, Winchester, Woburn, Worcester, Yarmouth.
Parker Scheer also provides referral services for personal injury
lawyers in states other than Massachusetts.
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