Hurt at Work? Know Your Legal Rights

Were you injured at work? If so, there is some crucial information you should know about the laws of Workers Compensation in Massachusetts. Check out this post by http://lawfirms.com/

Workers Compensation Laws in Massachusetts

Workers compensation is a system of laws meant to protect injured and disabled workers. The goal is to make sure someone injured at their workplace gets adequate medical care, lost wages relating to the on-the-job injury, and, if necessary, any retraining necessary to restore them to the workforce.

When a worker is killed on the job, members of the workers' families are typically eligible for workers compensation benefits. Injured workers may want to consult an attorney for advice in protecting their benefits and defending against any attempt to prematurely terminate their benefits.

Workers Compensation is Compulsory in Massachusetts

Workers compensation is compulsory in Massachusetts - employers must provide workers compensation insurance for their employees. The insurance may be provided through a private insurance carrier, or employers may self-insure. Waivers are not permitted.

Only domestic workers who work less than 16 hours a week are exempt.

Medical Benefits and Physician Choice in Massachusetts

Employees are allowed to make the initial choice of physician and full benefits are provided with no time or monetary limits.

Disability Benefits Provided in Massachusetts

In the state of Massachusetts, temporary total disability payments are a percentage of the worker's wage and may continue for up to 156 weeks.

Permanent total disability payments are calculated as a percentage of the worker's wage and typically continue for the duration of the disability. Benefits are offset by Social Security benefit.

Permanent partial disability benefits are allotted based on a percentage of the worker's wage and typically continue for up to 260 weeks, but may continue for up to 520 weeks. These benefits are offset by unemployment insurance and Social Security benefits.

Court awards are paid in addition to benefits and are not reduced because of receipt of disability benefits.

Death Benefits Provided in Massachusetts

An employee's surviving spouse, or spouse and children may collect death benefits, based upon a percentage of the employee's wages and subject to a cap. A minimum benefit is provided regardless of the employee's earnings. A burial allowance is also available.

Limits on Attorney Fees

Massachusetts workers compensation laws stipulate that attorney fees for claimants are limited to twice the state average weekly wage. Otherwise, claimants' attorney fees are set by the agency depending upon the manner in which the case is resolved. In certain cases, the attorney fee may be added to the award.

Woman Hurt By Falling Merchandise at Store Receives Damages

Many injuries occur in large warehouse stores, where merchandise is often displayed very high, increasing the risk items will fall. As a recent case shows, people hurt by falling merchandise can make a claim to recover compensation for their injuries.

A woman shopping at a national chain store suffered severe injuries after several boxes of detergent fell from a shelf onto her head, neck, and back. Because of her injuries, the woman had to stop working. She made a claim against the store, which argued she wasn't hurt as badly as she said. But a court ruled for the woman, awarding her a substantial amount of compensation.

Making An Injury Claim Doesn't Automatically Mean Going To Court

Many accident victims think that if they make a claim to recover compensation for their injuries, the procedure will involve many court hearings and they will have to go to court. As such, one of the first things most accident victims want to know is whether their claim will be settled or there will be a lawsuit.

Though no one knows what will happen in a specific case, most personal injury claims -- over 80% according to several studies -- are settled out of court.

Even though most injury claims are settled, a small percentage result in lawsuits. An insurance company may dispute aspects of a claim, so a lawsuit is needed to get what the accident victim is entitled to receive. Even if a lawsuit is filed, there likely won't be a full trial, as cases can settle at any time. According to several studies, only about 3% of cases had a trial.

If you are in an accident, don't let the fear of going to court stop you from making a claim. You could be giving up a valid claim that lets you recover compensation for your injuries. Also, if your injury claim is like most others, it will be resolved without you going to court.