The Law Offices of Bailey & Burke

A Proven Full Service Law Firm Since 1971

The Law Offices of Bailey & Burke

A Proven Full Service Law Firm Since 1971

A Proven Full Service Law Firm Serving the Families of the Local Community Since 1971

Helping Injured Workers With Their Claims

When an injury occurs on the job and was due to the negligence of a nonemployee, the injured employee has potentially two causes of action in Massachusetts. The first is to recover all available benefits in accordance with the Massachusetts Workers’ Compensation Statute that statute, although it provides many benefits for total and/or partial wage loss, medical expenses and potentially loss of function, it does not allow recovery for pain and suffering. The potential second part is to bring a personal injury claim against the negligent party to recover for pain and suffering and other consequential damages not covered in the Workers’ Compensation Statute.

At The Law Offices of Bailey & Burke, our Massachusetts workers’ compensation lawyers have been representing employees hurt on the job since 1971 and will always investigate the potential personal injury claim in addition to the workers’ compensation claim. We are committed to helping you earn a lump sum settlement that can cover your future lost wages as well as secure coverage for payment of your future  medical costs and help make you whole after your injury.

What You Should Know

Simply stated, the Massachusetts workers’ compensation statute is a “No-Fault” wage replacement system designed to pay the injured worker both medical benefits and lost wages during his or her period of absence from work due to a work-related injury that occurred at work. In many cases, an injured worker may also be eligible to receive additional training and schooling if their workplace injury prevents them from returning to their previous occupation.

Since Massachusetts has a “No-Fault” workers’ compensation statute, the injured worker is not able to sue their employer or co-workers for the damages called pain and suffering under that law. While the workers’ compensation statute was designed to protect interests of the injured worker and his or her family, disputes between the injured worker, his or her employer and the workers’ compensation insurer often arise, therefore you will need an experienced workers’ compensation lawyer in Massachusetts to guide you through this difficult situation.

The Basic Legal Rights Of An Injured Worker

If you have been injured in Massachusetts at work, and are unable to earn your full wages for five or more days, or require medical treatment as a result of a work accident, you become eligible to receive workers’ compensation benefits such as:

  • You are entitled to receive 60% of the gross average weekly wage you earned prior to your injury. This would include overtime wages and bonuses. If you held more than one job on the date of the injury, you may be able to recover lost wages from that employer also. According to the Massachusetts Workers’ Compensation rules, if your injury at work results in a total and permanent disability, you will be eligible to receive 66.67% of your gross average weekly wage, as well as a potential annual cost of living increase.
  • If your injury at work results in a partial disability, and you are unable to earn your pre-accident wages, you may be eligible to receive a weekly partial disability benefit. In this case, you would be entitled to receive 60% of the difference between the wages that you earned before and after your accident at work. You are eligible to receive a partial disability benefit even if you are required to find a different job with a new employer, if your present employer could not accommodate your physical limitations.
  • If your injury from work requires you to obtain medical treatment, you have the right to choose a doctor of your choice. You do not have to receive treatment from a physician recommended by your employer or the Massachusetts Workers’ Compensation Insurer.
  • If your injury at work results in a permanent loss of function, or scarring or bodily disfigurement, you may be eligible for an additional monetary benefit for these losses. The Massachusetts Workers’ Compensation lawyers at The Law Offices of Bailey & Burke can help determine what is termed “an end medical result.”
  • If your work injury was due to negligence or fault of someone other than yourself, a co-worker or your immediate employer, you may have an additional cause of action, or a ” third-party negligence” law case.

Examples include an automobile accident in the course of your employment, a construction site accident when the general contractor or a subcontractor is at fault, or a personal injury from a defective or dangerous product such as asbestos or machinery.

In a third-party negligence case, a claims process can be started in the Massachusetts Court System against the negligent party and may entitle you to additional damages, including pain and suffering, lost wages, medical expenses, and payment for loss of companionship or society of your family.

Pursuing Workplace Death Compensation

In Massachusetts, if an injury at work results in the death of an injured worker, benefits are payable to the surviving dependents. A surviving spouse is entitled to receive 250 weeks of the deceased employee’s workers’ compensation benefits, as well as the annual cost of living increases. The surviving spouse may be entitled to continue to receive the above-mentioned benefits beyond 250 weeks if the surviving spouse has not remarried or is not fully self-supporting. The workers’ compensation insurer is also obligated to pay for burial expenses that do not exceed $4,000.

Meet With Our Team Today

So, if you have been injured at work in Massachusetts and believe you have a workers’ compensation claim, you need the experienced lawyers at The Law Offices of Bailey & Burke to help navigate through the Massachusetts workers’ compensation laws. Call a workers’ compensation attorney you can trust at 888-870-0925 or email us here to schedule your free initial consultation today.