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How Does A Workers Comp Lawyer Get Paid?

This is one of the most frequently asked questions posed on the internet regarding workers compensation cases in Massachusetts.  Fortunately, the answer to this question is relatively simple, and, in most cases, the injured workers does not pay anything out of pocket.

The attorney’s fees in workers compensation cases are located at M.G.L. Chapter 152, Section 13A.  Most of the fees payable to an employee’s attorney are known as the “statutory fees.”  These are fees that are generated when a workers comp claim becomes active in litigation at the Department of Industrial Accidents.  Litigation can arise from an employee’s attorney filing a claim on behalf of the injured employee.  Or, in the alternative, an insurer may initiate litigation by filing their own complaint for discontinuance or modification of an employee’s benefits.

How Does Medical Treatment Get Approved Through The Workers’ Comp System?

This is a highly complicated question with no simple answers, and it’s a process that often leaves the injured employees scratching their heads and wondering why they can’t get the treatment they need.

After sustaining a work-related injury, your employer’s workers’ compensation insurance is responsible for any reasonable and related medical treatment you might need.  Sections 13 and 30 provide for the payment of reasonable, necessary, and related medical treatment.  This is not to say, however, that anything and everything submitted through this insurance will get approved.  More often than not, disputes over medical treatment result in lengthy litigation.  It is quite important in these situations to have an experienced, Massachusetts workers’ compensation lawyer to assist and guide you throughout this process, for the various reasons outlined in this article.

Do I Need A Lawyer To Settle A Workers Comp Claim?

The short answer is Yes.  That is, if you want to ensure that your rights are adequately protected and ensure that you obtain the highest settlement value possible.

Are you required to have an attorney to settle your workers comp case?  That answer is no, actually.  However, it is inadvisable under most circumstances.

What Does A Workers Comp Lawyer Do?

This is one of the most frequently asked questions on the internet…pertaining to workers compensation cases in Massachusetts.  It is also a difficult question to answer.  This is because the role of a workers compensation attorney varies case by case.

When an injured workers meets with their prospective attorney for the first time, generally the attorney will use this first meeting to gather as much information as possible about the client and the injury itself.  This includes gathering the client’s personal information, educational background, and work history.  The attorney will also gather as much information as possible about the injury that occurred and the subsequent medical treatment the injured worker has received.

Should I Report My Workers’ Comp Injury?

The answer is Yes.  As soon as possible.  

Injuries that take place in the workplace come in many forms.  They can be minor and simple, such as scrapes and bruises.  They can also be severe and traumatic.  Sometimes they can even result in death.

When Should I Get A Workers Comp Lawyer?

You have just sustained an injury on the job.  You are now out of work.  The two most important questions on your mind are probably 1) Am I going to get better, and 2) Will I be paid while I’m out of work.

In a perfect world, immediately following your work related injury, your employer will file a first report of injury. This is the first step in initiating the workers’ compensation benefits.  Once they file the first report of injury, the workers compensation insurer, who insurers the employer in the event of a work-related injury, is put on notice.  In this perfect world, the insurer will then initiate the payment of weekly benefits within 14 days.  Furthermore, any and all treatment related to this injury will be paid for by the workers comp insurer, thus facilitating a quick recovery and a quick return to work.

How Long Can I Receive Workers’ Compensation Benefits?

This is another frequently asked question that comes up many times over the life of a Workers’ Comp case.  While reasonable and related medical benefits for a person who sustained an injury at work can potentially last indefinitely, this question is most often referring to how long can an injured employee remain on weekly disability benefits.  In other words, they are usually asking, how long can I be paid for.

The Massachusetts Workers’ Comp. Law is found at M.G.L. Chapter 152.  This statute was originally enacted during the early 1900s, and has undergone a series of updates, revisions, and changes since that time.  Today, there are 3 main sections that exist in the law which govern how long an injured employee can receive a weekly check.  They are Sections 34, 35, and 34A.

How Does A Disability Pension Through My Employer Affect My Workers’ Comp Benefits?

This is a very common scenario.  Many times, a public Employee who sustains a work-related injury is entitled to a “Disability Pension” in addition to workers’ compensation benefits under M.G.L. Chapter 152.

A “Public” employee works for a City, Town, State or Municipality.  These “Public” employers have pension systems in place, for the benefit of the their employees.  These pension systems more often than not, substitute Social Security, although, there are circumstances in which the Employee can receive both.  These systems often have pensions for injuries that occur both in the course of employment, such as a slip and fall at work, as well as non-work related injuries, such as if the employee were involved in a car accident on his or her own time.

Every year, the Massachusetts Continuing Legal Education (MCLE) hosts a one-day seminar focused on Workers’ Compensation Practice in Massachusetts.  The day is broken into several sessions focusing on relevant topics in Workers’ Compensation Practice, both in Massachusetts as well as on the national level.  Attorney William H. Troupe of the Troupe Law Office was once again asked to speak on the panel dealing with Benefit Enhancers.

This panel deals with a very important topic under the Massachusetts Workers’ Comp Law.  M.G.L. Chapter 152 provides only a limited amount of benefits to an injured worker.  However, it is important for any practitioner of Workers’ Comp law, to familiarize themselves with the various ways in which these benefits can be increased or maximized as much as possible.  Some common examples are concurrent employment, prevailing wage claims, Section 35B, etc.

Joining him on this panel were two Judges at the Department of Industrial Accidents:  Hon. David G. Braithwaite, and Hon. William C. Harpin.  Also on the panel were two experienced Workers’ Compensation practitioners:  Alan S. Pierce, Esq., and Mark H. Likoff, Esq.

What Are My Chances of Getting Approved For Social Security Disability Benefits?

This is one of the most frequently asked questions we are asked when interviewing potential clients.  Unfortunately, it is also one of the most difficult questions to answer.

People who are injured or have a medical condition that makes them unable to work for a living are potentially eligible for Social Security Disability (SSD) benefits.  To qualify, first, the individual must have worked under the Social Security System for a requisite period of time.  This is called having sufficient “quarters” to qualify for SSD.  For most people, you must have 40 quarters to qualify.  So, If you have the sufficient quarters, you could be eligible to receive SSD.