Boston Workers' Compensation Lawyers
If you have been injured at work, Bellotti Law Group, P.C. can ensure you receive fair treatment by your employer and your employer's insurance company. We can help you secure the financial support you need.Bellotti Law Group, P.C., is Known Throughout Boston, and Massachusetts, as a Friend to Workers and Unions
An accident at work can be traumatic and painful. If you or a loved one has been injured on the job, it is important to protect yourself and talk to an experienced workers compensation attorney in Massachusetts. However, the workers’ compensation process is complicated. One error can result in denial of claims, denial of treatment, or even termination of employment.
If you have a Boston workers compensation case, our Boston workers’ compensation lawyers at the Bellotti Law Group, P.C. have over 38 years of expertise in dealing with workers’ compensation cases. Each of our workers’ compensation attorneys are well prepared to help clients and their families receive the compensation they deserve after a work-related injury. Contact us today for help with your case.
Through workers' compensation, you can secure coverage for your medical bills and a portion of your lost wages. If your injury was caused by someone other than your employer, you may have a "third-party liability claim," in addition to qualifying for a standard workers' compensation claimOur Boston Workers' Compensation Lawyers Have Successfully Recovered Millions of Dollars From Workers’ Compensation Claims
Peter Bellotti and Joe Markey are former union members. They understand union workers and are dedicated to helping those injured workers after a serious work injury.Seek Immediate Legal Counsel
We know that many workers receive automatic approval of their claim, only to find that 180 days later, the benefits are cut off. If you still need the wage and medical benefits or your injuries have not healed, contact a workers’ compensation attorney at Bellotti Law Group, P.C.What is Workers’ Compensation?
When a worker is injured in Massachusetts during the course of work, they deserve to be compensated for the damage they have suffered. The system of workers' compensation insurance exists to minimize compensation delays and employer liability. A worker who is hurt on the job may be entitled to workers compensation benefits, regardless of fault, for their injuries through workers' compensation insurance.What Should I Do After a Workplace Accident?
If you have been injured at work, or you have developed a disease from working, you should file a workers’ compensation claim. If you need emergency medical attention, see a doctor immediately. Otherwise, you should first provide a notice of your injury to your employer. If you don’t provide your employer with a written notice immediately, an insurance company can claim your injury is not work related. After notifying your employer, seek medical treatment for your injuries if you have not already.
In Massachusetts, if you have been out of work for 5 or more days due to your accident, your employer is required to report your workplace injury to their insurance company and the Department of Industrial Accidents. Your employer notifying the insurer starts the workers’ compensation claim process.Obtaining Medical Treatment
If you have suffered a workplace accident, you should seek medical attention. Do not go back to work and ignore your injuries. Treatment for your injuries is important for healing. Additionally, seeking treatment as soon as you are injured greatly increases your chances of obtaining workers’ compensation.
Many injuries can worsen over time. Prompt medical treatment is necessary to treat these injuries. If you do not seek immediate medical attention, workers’ compensation insurance companies can deny your claim by saying that your injury didn’t occur at work. This makes it difficult to receive worker compensation benefits. A doctor’s appointment creates a record of your injury, and can be used as evidence in a worker compensation hearing. This record increases your chances of having a successful worker’s compensation claim.
Your employer has the right to choose a doctor for your initial evaluation. The final decision of who treats your injury is up to you. If your medical treatment is reasonable and necessary, you can choose your doctor and be reimbursed for your medical expenses.What About My Employer?
You might be worried that your employer will retaliate against you for reporting a work injury. This retaliation would be grounds for filing another type of action, that you should discuss with one of our experienced attorneys at Bellotti Law Group, P.C.Workers’ Compensation Laws in Massachusetts
Bellotti Law Group's worker compensation attorneys are a professional legal team that has years of experience. Workers compensation insurance or self insurance is required for every company and/or organization under Massachusetts Law, c.152.
Any worker who has suffered from a work-related injury or illness due to an accident that occurs during employment is eligible for benefits. In the state of Massachusetts, the Department of Industrial Accidents (DIA) supervises the administration of workers' compensation laws. Our workers’ compensation attorney will appear before The Department of Industrial Accidents and deal with any disputes if your claim is rejected.Injuries Covered Under Massachusetts Workers' Compensation
The Workers' Compensation Act covers almost all employees. Covered employees who suffer from the following injury or illness at their workplace are subject to receive benefits:
- Obvious injuries or trauma
- Diseases / Illnesses (i.e. COPD, Cancer, Hepatitis, COVID-19)
- Mental/emotional illnesses
- Scarring or Disfigurement
The insurance company will want to know everything about your injury when you are applying for worker compensation benefits. The majority of injuries should be covered, as long as they occurred while you were on the clock and conducting the duties of your job. If you have been in a workplace accident in Boston, and you are now dealing with the effects of post-traumatic stress disorder (PTSD), clinical depression, debilitating anxiety, or other mental health problems arising from the injury you suffered, you should also be covered by workers’ compensation for these issues.
You can be covered by workers' compensation benefits for work-related illnesses. For example, if you work in the construction industry, and have been repeatedly exposed to asbestos and developed mesothelioma, the worker compensation coverage that your employer carries should kick in to cover you.Are Pre-Existing Injuries Covered?
If you are struggling from a pre-existing condition that has nothing to do with your work position, if you violated the company's code of conduct when you were hurt, or if you were under the influence of drugs or alcohol you may still be eligible for workers compensation benefits.Types of Workers' Compensation Benefits Temporary Total Disability
If you suffer from a work-related injury and you aren’t able to perform your job for 5 days, you are entitled to TTD cash benefits. The rate for payment is 60% of your average weekly wage. Payment can reach up to the maximum of 100% of the statewide average weekly wage, which was $1,431.66 on October 1, 2019. TTD benefits are payable for a maximum of 165 weeks.Partial Disability
If you are able to return to work after a work-related illness or injury, but can only perform some work (light duty), you are considered partially disabled. If you are partially disabled, you are entitled to 75% of the difference between your average weekly wage before the injury and your average weekly wage or earning capacity after your partial disability.Permanent and Total Disability
If you remain totally disabled from your former work, as well as any other work, you may seek permanent and total disability benefits for life. If granted, you will receive 66% percent of your weekly wage, up to the maximum of the statewide average. You may also be entitled to annual cost of living allowance.How Long Do I Have to File a Workers’ Compensation Claim?
In Massachusetts, the statute of limitations for workers’ compensation actions is 4 years from the time of your injury. This means you can only file a workers’ compensation claim if the injury occured within the last 4 years. Sometimes, the Department of Industrial Accidents (DIA) can extend the 4 year window for filing claims. If you are in a workplace accident, and you didn’t know you were injured until much later, you could receive an extension for filing a worker compensation claim. For example, some workplace illnesses can develop over many years, after repeated exposure to hazardous chemicals. In these cases, the DIA can extend the time you need to file a claim.
When you have notified your employer of your workplace injury, your employer has one week to notify the insurance company that your injury has occured. The insurance company has 14 to 30 days to send a notice to the injured employee that they have accepted or rejected the claim. If your claim has been rejected, or your employer didn’t notify the worker compensation company in time, you can file a claim with the Massachusetts DIA. This is a complex process, and it is best to have an experienced attorney on your side to help you receive the benefits you deserve. Contact an attorney at Bellotti Law Group P.C. today.What is Conciliation in Workers’ Compensation Cases?
Conciliation is a meeting that occurs a few weeks after you have filed your claim. It is a non-binding mediation with an insurance company. The goal of the meeting is to have both you and the insurance company reach an agreement before meeting with a judge.
The meeting consists of you, an attorney or claims adjuster from the insurance company, and a conciliator from the DIA. The insurance company will most likely have an attorney at the conciliation. You should contact a lawyer at our law firm, Bellotti Law Group P.C. to make sure your interests are protected.
At the conciliation meeting, you should bring your complete medical records. The conciliator will examine the records and ask both parties any questions they have. After that, both sides will submit their “last best offer” to reach a compromise. Both parties must agree for a settlement to be reached. The conciliator doesn’t have the power to order or deny compensation for you. If both sides cannot reach an agreement, the case will be scheduled for a conference. This could take up to several months for the conference to occur, depending on how many cases the DIA are working on.What is a Conference for Workers’ Compensation Cases?
The conference is a formal meeting, where both you and the insurance company submits evidence to an Administrative Judge. The Administrative Judge (AJ) reviews the information, and questions both parties. The AJ has the authority to order or deny workers’ compensation benefits. After the AJ considers the evidence and testimonies of the parties, they will issue a temporary order to give or deny benefits. In many cases, the AJ will choose between the “last best offer” made by both parties at the conciliation, and choose one of those offers. If you or the insurance company disagrees with the order, there is a 14 day window for either party to appeal and request a hearing. The assistance of an experienced workers’ compensation attorney will ensure compliance with DIA appeal requirements, and improves your odds of success.What is a Worker Compensation Hearing?
The compensation hearing occurs a few months after the conference. The hearing is a trial, and the process is much more formal than previous court proceedings. Although you are allowed to represent yourself in this hearing, it is unwise to not have an attorney at your side.
The hearing is similar to a civic trial. There are procedural rules for hearings that are outlined in M.G.L. c. 152, Section 11. It is important to have an experienced attorney on your side, that understands Massachusetts Rules of Evidence and can ensure that both you and the other party complies with these rules. A workers’ compensation lawyer can assist you with your case and can ensure that you properly object or respond to the other party.
The hearing starts with opening statements, and then the calling of witnesses. The witness answers questions presented to them by both parties. Each side has the ability to refute damaging evidence before closing arguments are given. After the closing arguments, the judge makes a final decision. The judge’s decision could take months, but you will be notified by mail of the judge’s decision.
If you lose the hearing, you have 30 days since the decision to appeal to the Reviewing Board. This board consists of 3 administrative judges. The hearing process is complex, and representing yourself is difficult in these cases. Insurance companies will fight hard to avoid paying you. Contact a lawyer at Bellotti Law Group P.C. to help you today.What are Lump Sum Settlements?
Insurers or employers may propose a lump sum settlement to resolve your case. A lump sum settlement is a contract between you, the insurer, and sometimes, your employer. This settlement is a one time payment, and may result in the forfeiture of other benefits. There is a lawful assumption that for every $1,500 you receive, you will be incapable of working for one month. Lump sum settlements might be right for you, but they require careful review from a lawyer that is working to protect you. Contact a lawyer at Bellotti Law Group P.C. for an experienced attorney to help youCan I Still Receive Workers’ Compensation After Getting a New Job?
It is possible to find new work after receiving workers' compensation without completely losing your benefits. The type and amount of benefits you receive may change. The amount of money you receive from workers’ compensation may be reduced in proportion to your new income. If you are making more money than you did before your accident, you can lose your entire worker’s compensation income. However, your medical treatments for your work injuries should still be covered. If you have found a new job, but still need workers’ compensation benefits, contact a lawyer at Bellotti Law Group, P.C. to help you today.Our Massachusetts Workers Compensation Attorneys Can Help
An injured worker may have numerous questions to ask our Massachusetts compensation lawyers when a workplace injury occurs. You might have questions about your injury issues, your capacity to earn an income moving forward, and also about your right to benefits. Our workers' compensation attorneys understand these circumstances.
Our Massachusetts workers' compensation lawyers at Bellotti Law Group, P.C. can explain your rights and choices after a workplace injury. We can help you file all workers' compensation claims. We can explain the benefits provided by workers' compensation, the potential for a third-party liability claim, time limits after a workplace injury, and other ways to protect your rights after a workplace injury.
If you are an injured worker, you may be concerned about getting proper medical care, paying for that care on top of other living costs, and about the future of your job. No one expects to get injured on the job. Being out of work, dealing with an injury, and trying to go up against an insurance provider can be extremely stressful and almost impossible to navigate.How Our Boston Workers Compensation Lawyers at The Bellotti Law Group, P.C. Can Help
Our Boston workers compensation attorneys are experienced lawyers who specialize in workers compensation law and help represent all clients throughout Massachusetts. Our team has been regarded as one of the best in the state largely because, in addition to our tremendous record of success in cases involving workers compensation law, we emphasize a strong attorney client relationship. We have expertise at all stages of conferences, hearings, and appeals in the worker compensation process. Beginning with a free consultation, we will plan your case and make sure that you have the best chance of success.DIA Office Locations
- Boston: 2 Avenue de Lafayette, Boston, MA 02111-1750
- Fall River: 30 Third Street, Fall River, MA 02720
- Lawrence: 160 Winthrop Avenue, Lawrence, MA 01843
- Springfield: 436 Dwight Street, Room 105, Springfield, MA 01103
- Worcester: 340 Main Street, Worcester, MA 01609
f you were hurt at work, contact our law office to speak with a lawyer who can help you obtain the benefits you need. Contact Bellotti Law Group, P.C. via phone 617-225-2100, or contact us online by completing our brief contact form. We have experienced attorneys licensed to practice in Massachusetts, Connecticut and Rhode Island.Free Consultation
We offer free consultations. There will be NO legal fees unless we are successful.