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Workers’ Compensation Attorney

Very professional team. Great experience overall. Happy with results!

- Elena N.

The Process

  • Initially you will speak with one of our highly trained staff about the nature of your problem.  Once the background information is obtained an attorney will contact you to discuss the matter further.
  • In many cases, clients will come in for an initial appointment after the phone conference.
  • There is no charge for the initial consultation in a Workers’ Compensation or Social Security case.
  • In most cases, representation will commence after the initial appointment.  As we work on a contingent fee basis in Workers’ Compensation and Social Security cases, clients are not expected to pay any attorney’s fees out of pocket. We typically are paid at the conclusion or settlement of the case.
  • Contact us for an assessment of your situation. No fee unless we are successful.

 

Workers’ Compensation Attorney Can Determine if You’re Eligible

 

14 Frequent Questions About Workers’ Compensation

I was injured at work and don’t know where to start!

The best practice is to report any injury even if you don’t think you have been hurt.

If you did not report the injury immediately when it happened, report it as soon as possible thereafter.  Do not be put off by a supervisor or boss who tells you that you only had 24 hours to report an injury – THIS IS NOT THE LAW.

If you think you have been injured, you should seek medical treatment as soon as possible. Be sure to tell the doctor or hospital that the injury occurred at work.

What if I can’t afford a lawyer?

Lawyers work on a contingency fee basis in workers’ compensation cases.  This means that they do not charge a fee until the case is resolved.  Normally, you do not need to provide the workers’ compensation attorney with any money at the beginning of the case.

Would you want to go into a battle without any armor or weapons to defend yourself? Insurance companies have lawyers to represent them, don’t you want to be equally prepared? Read more here.

I don’t know whom to believe.
The workers’ compensation system is a complex and confusing process.  It is difficult to know whether the information you’re being given is correct and/or complete.  Only someone who is working on your behalf can be relied upon to provide you with all the information that you need to make decisions about your case.
Will I qualify?
If you are an employee* injured during the course and scope of your employment, you are covered under the Massachusetts Workers’ Compensation Law.
*There are very limited exceptions to this rule.
Will a pre-existing condition prevent an insurance claim?
Do I still need a lawyer if the workers' comp insurance company is paying my medical bills and sending me weekly checks?
Depending on the circumstances, even if the workers’ comp insurance company is making all the payments it should be at the moment, it may be able to stop those payments with as little as a seven-day notice in the mail.  The fact that a workers’ compensation insurance company is paying for your medical expenses and lost earnings now does not mean you should be unprepared for what could happen in the future.
What benefits can I expect?

If you are totally disabled by a work related injury you are entitled to 60% of your gross average weekly wage for any week you are unable to work.   Partial disability benefits are also available if you are capable of working in a limited capacity.  These benefits vary in every case.

In addition to weekly cash payments, you are entitled to receive medical treatment that is reasonable and necessary to treat your work related injury.

There are a number of other benefits that may be available depending on the particular circumstances of your case.  These can include monetary compensation for scarring or disfigurement or loss of function in a body part, dependents benefits, cost of living benefits, and vocational rehabilitation benefits.

Is my employer required to keep my job open when I'm out of work due to a work injury?
There is no requirement under the Massachusetts Workers’ Compensation Act that requires an employer to keep your job open for you while you are out of work from a work-related injury. However, you may have such rights under a Family Medical Leave Act (FMLA), a union contract or collective bargaining contract, or as a potential reasonable accommodation under the American with Disabilities Act (ADA). Read More
Can my workers' comp. adjuster tell me I have to use a particular pharmacy for my medications?
No.  The workers’ compensation law does not allow an insurance company to require you to use a certain pharmacy for your medications.  You are free to use the one that is the most convenient for you.
Does workers' compensation pay for pain and suffering?
No. Workers’ compensation is a lost earnings program. The law does not require the insurance company to pay for any damages that you might receive in a personal injury case. However, because workers’ compensation does not require you to prove anyone was at fault or negligent in causing your injury, you can collect benefits in many more situations than you could in a personal injury case which requires you to show someone is at fault for causing your injury.
Can i use my private health insurance if workers' compensation denies my request for treatment or testing requested by my doctor?
Yes. If the workers’ compensation insurance company has denied your request for treatment you can put the treatment through your private health insurance or masshealth. However, the health carrier may assert a lien on the file. This means that if the case is settled at some point in time, it will need to be determined if the treatment paid for by the private health carrier was related to your injury. If it was then the workers’ compensation insurance company will have to reimburse the health carrier.
Will the workers' compensation insurance company hire a private investigator to follow me?
Maybe. It is not typical for the workers’ compensation insurance company to begin surveilling an injured worker immediately. However, the longer a claim goes on and the more benefits that have been paid, the more likely the insurer will use surveillance to try and show the worker is not as limited by the injury as he/she is claiming.

It is very important that you tell your attorney if you feel you are being surveilled. It is mandatory that you tell your lawyer if you have been working. Any earnings must be reported to an insurance company even if they were under the table or for a short period of time.

Can i collect short or long term disability, pfmla and/or social security disability while i am receiving workers' compensation?
Yes, you can collect other benefits while you are getting workers’ compensation. However, in some instances those other benefits may be reduced depending on the amount of workers’ compensation you are receiving.
What if i cannot live on the amount of workers' compensation i am receiving?
If you are having trouble making ends meet, you can reach out to various agencies for help such as:

  • SNAP (Supplemental Nutrition Assistance Program) – Department of Transitional Assistance (DTA) www.mass.gov/orgs/department-of-transitional-assistance
  • EAEDC (Emergency Aid to Elders, Disabled and Children) Department of Transitional Assistance (DTA) www.mass.gov/orgs/department-of-transitional-assistance
  • WIC (Women, Infants and Children Nutrition Program)
  • RAFT (Residential Assistance Program for Families in Transition) – 617-573-1100
  • EA ( Emergency Assistance Program) – Executive Housing and Livable Communities Program – 866-584-0653
  • LIHEAP (Low Income Home Energy Assistance Program)
  • Community Action Committee for Cape Cod and Islands – 508-771-1727
  • PACE – (People Acting in Community Endeavors) New Bedford – 508-999-9920
  • South Shore Community Action Counsel – 508-999-9920
  • Falmouth Service Center – 508-548-2794
  • Salvation Army Hyannis – 508-775-0364
  • Utilities Companies – many companies offer assistance programs.

Recover your life with the team at The Law Offices of Juliane Soprano.

Call (800) 584-1116 for a free consultation.

Remember, there is no fee unless we are successful. More details »

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