Workers’ Comp
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.
Recent Workers’ Comp Settlements & Verdicts
$1.2 million — Workers’ Compensation
$750,000 — Construction Site Injury
$600,000 — Motor Vehicle Accident
$500,000 — Workers’ Compensation
$475,000 — Products Liability
$400,000 — Motor Vehicle Accident/Products Liability
$375,000 — Workers’ Compensation
$360,000 — Workers’ Compensation Third Party Action
$335,000 — Workers’ Compensation
$290,000 — Workers’ Compensation
$267,000 — Slip and Fall
$250,000 — Workers’ Compensation
$245,000 — Motor Vehicle Accident
$195,000 — Car Accident
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.
Injuries Covered by the Massachusetts Workers’ Comp Act
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.
Compensation Amount
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.
If You’ve Been Injured at Work
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”.
Speak with a Massachusetts Workers’ Compensation Lawyer
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.
Joseph M. Burke is of counsel to Parker Scheer LLP, and brings more than twenty-five years of experience in the representation of injured workers and their families concentrating his practice in Workers' Compensation and personal injury law.