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| WORKERS'
COMPENSATION LAWYERS |
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Attorney
Joseph M. Burke
Parker Scheer LLP
Boston Office
1 Constitution Plz
Boston, Massachusetts
02129
Directions
Phone: 617-886-0500
Fax: 617-886-0100
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Each year, thousands of Americans suffer serious
injuries, even death, as a result of work-related accidents.
Unlike injuries occurring outside of work, a worker injured
in the course of employment is not permitted to pursue a typical
negligence claim (otherwise known as a "tort action") against
their employer or co-employee. The Massachusetts Workers'
Compensation System is usually the exclusive remedy
available to those injured in the course of their employment.
Attorney Joseph M. Burke brings nearly twenty-five
years of experience in the representation of injured workers
and their families concentrating his practice in Workers'
Compensation, including construction site and workplace accidents;
motor vehicle negligence; product liability; and defective
premises.
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$1.2
million |
Workers'
Compensation |
| |
$750,000 |
Construction
Site Injury |
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$600,000 |
Motor
Vehicle Accident |
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$500,000 |
Workers'
Compensation |
| |
$475,000 |
Products
Liability |
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$400,000 |
Motor
Vehicle Accident/Products Liability |
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$375,000 |
Workers'
Compensation |
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$360,000
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Workers'
Compensation Third Party Action |
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$335,000 |
Workers'
Compensation |
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$300,000 |
Workers'
Compensation |
| |
$290,000 |
Workers'
Compensation |
| |
$267,000 |
Slip
and Fall |
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$250,000 |
Workers'
Compensation |
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$245.000 |
Motor
Vehicle Accident |
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$195,000 |
Car
Accident |
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Read
more case reports... |
The Massachusetts Workers' Compensation
System is a creation of the Massachusetts legislature and
is quite different in terms of the rights enjoyed by injured
persons under the traditional "Tort" system as an injured
worker is generally prohibited from filing a civil action
against an employer or co-employee, even if that person was
directly responsible for the injuries suffered. Instead, the
injured party may file a claim for workers' compensation benefits
available through the employer's workers compensation insurance
company. In Massachusetts, as in most other states, employers
are legally required to carry workers compensation insurance
coverage to protect employees in the event of a work-related
injury. Employers who fail to maintain required workers' compensation
insurance coverage may face harsh legal penalties, including
fines and potential criminal action.
While there are highly technical aspects of
the Massachusetts Workers' Compensation Act, generally speaking,
a person injured while in the course of his or her employment
is entitled to have all injury-related medical bills fully
paid by way of workers' compensation insurance coverage. Contrasted
with a civil tort action, the injured worker is not required
to prove who was at fault for the accident giving rise to
the injuries - only that the injuries complained of were related
to the injured party's employment. By way of example, a person
who suffers serious injuries, including multiple fractures,
while commuting to work, probably would not be eligible to
receive workers' compensation benefits, as the injury did
not occur with the course of the injured party's employment.
However, if that same person was injured in a car accident
while driving from home to a business meeting, then there
might well be coverage under workers' compensation, even if
the injured worker caused the accident. On the other hand,
a person hired to deliver furniture who suffers a serious
back injury while lifting a heavy object into a truck as part
of his daily responsibilities would be entitled to have his
medical bills covered by workers' compensation insurance.
In addition to having medical bills paid in
full, an injured worker would also be entitled to receive
a portion of his average weekly wages paid by the designated
workers' compensation insurance provider. The amount the injured
worker would be entitled to receive in lost wages is not the
same as the amount the injured person typically earns on a
weekly or monthly basis. Wage reimbursement under the Massachusetts
workers' compensation system is paid at a rate determined
by the Massachusetts Workers' Compensation Act, and is typically
lower than the amount the injured party received directly
from his employer. An experienced workers' compensation lawyer
can advise you as to the amount available to you in lost earnings
capacity, based on the current Massachusetts "State Average
Weekly Wage" schedule, and a review of your past work history
and earnings record.
In the event of a work-related injury, the first
priority is to seek immediate medical treatment from the appropriate
medical provider or emergency room. Matters relating to eligibility
for workers' compensation benefits can be explored and arranged
after all injuries have been attended to. Once treatment has
been rendered, the injured party should promptly notify his
or her employer of the accident, including the approximate
time and date of the injury, the location of the injury, how
the injury occurred, and the identities of all persons present
when the injury occurred. It is also strongly recommended
that the injured party contact an experienced workers' compensation
lawyer before providing any further information to any other
individuals, including the designated workers' compensation
insurance representative. Instead, the employee should be
counseled on the full range of their legal rights, including
the right to potentially receive additional benefits through
what is commonly known as a "third party action".
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' Comp F.A.Q's
Answers to frequently asked questions about
Massachusetts Workers' Compensation Act.
Selecting
a Massachusetts Workers' Compensation Lawyer
Key factors in selecting a Massachusetts
Workers' Compensation lawyer.
Compensation
system
Background and general information on MA
Workers' Comp system.
Workers'
Comp - General Benefits
Mass Workers' Comp Act provides 2 types
of benefits to people injured on the job - weekly disability
checks and payment of medical expenses associated with the
care and treatment of work-related injuries.
Worker's
Comp - Health Benefits
Overview of benefits for the payment of medical
expenses incurred to treat a work related injury or condition.
Injuries After an Incident
Compensation for injuries which may occur
as an injured employee seeks to have injuries treated.
Out of State Workers' Compensation Coverage
Overview on Workers' Compensation options
for people injured outside of the state in which they are
hired.
Notice of Claim
Recommendations on when to report injuries
to the employer.
Insurer Dilemma
What happens if injured worker's claim
has been denied by the insurance company, or the insurance
company requested to reduce or entirely stop paying weekly
benefits.
Massachusetts Military Outside Contractors Workers' Compensation
Overview of the dynamics of Outside Military
Contractors and the rules governing workers' compensation.
Reviewing
Board Allows Video Conferencing Testimony in Workers' Compensation
Case A recent decision by the
Reviewing Board to allow Video Testimony.
Electrocution,
and Electricity Based Injuries in Massachusetts
There is not a workplace in Massachusetts
where the dangers of electricity do not pose a risk of serious
injury and death.
Litigation
of Claims
Overview of the litigation process if an
insurer denies an injured worker's claim.
Utilization Review
Deceased Employee Compensation
Recoupment and Overpayment
Liens on Worker's Compensation Claims
Why
being injured on the Job is not necessarily enough to collect
Workers' Compensation
Family
Members may be Entitled to be Paid for Care Provided to an
Injured Employee
Wages
from a Second Job may be Included in Weekly Benefit Payments
Calculation
of Weekly Benefits
Vocational
Rehabilitation
Lump
Sum Settlements
Injuries
to Minors
Compensation
Payable to Survivors of Deceased Employees
How
to Approach Medical Care Workers'
Compensation Legal Fees
OSHA
Scaffolds
and the Dangers they Present
The
Costs of Under Funding OSHA
What Your Doctor Needs to Know
Inadequate
Fall Protection
Other Workers' Compensation Resources
Parker
Scheer Workers' Compensation case reports
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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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