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Welcome to the
Workers’ Compensation homepage for the Massachusetts
law firm, Kantrovitz & Associates. If
you are an employee who has been injured during the
course of performing your job, you are entitled to
receive workers’ compensation benefits.
Whether you suffer from physical, emotional, mental
disabilities or occupational-related disease, your
employer provided insurance should provide financial
support during your convalescence. Workers’
Compensation benefits may include lost wages, medical
expenses, and vocational rehabilitation costs. The
amount that you receive depends on factors such as your
average weekly wage and your degree of incapacitation.
Kantrovitz & Associates lawyers have the expertise
to prepare a case to prove that you are entitled to
receive Workers’ Compensation benefits. Our
attorneys are committed to protecting your rights,
aiding in your quest for fair workers’ benefits, and
easing your financial burden.
The
Massachusetts’ Workers’ Compensation system was
designed to ensure that employers provide insurance to
financially assist employees who become injured or
disabled on the job. It is the responsibility of
all private sector employers to purchase workers’
compensation insurance for every employee. This
coverage must begin from a worker’s first day on the
job (except for seasonal, casual and part-time domestic
workers). Massachusetts employers who fail
to insure are liable for both criminal and civil
offenses.
For a limited number of
weeks, this “no fault” insurance provides a portion
of a worker’s pay based on their weekly wages and
state averages. Dependants of employees killed in
work-related accidents are also eligible for benefits.
In exchange for employer provided Workers’
Compensation “protection”, you sacrifice your right
to file suit against co-workers and employers for
negligence. However, you can file a civil suit
against a third party if your injury is the fault of
someone other than yourself, a coworker or your
immediate employer. For example, negligence would
be a defective product that contributed to your injury,
or if you were hurt in a vehicle accident while on the
job. In these cases, you may be able to
recoup not only medical expenses and wages, you may also
receive civil damages that include pain and suffering,
past/present/future lost income, medical bills and other
damages.
Employee supplemental benefits are
determined by several factors including your average
weekly wage (AWW), state average weekly wage, and your
degree of disability. The following are general
guidelines under which you are eligible to receive
Workers’ Compensation:
Temporary
total disability – 60% of average weekly wage
(AWW) prior to injury for up to 156 weeks.Partial
disability – 60% of the difference between the
AWW prior to injury and the weekly wage earning
capacity after injury. Maximum benefit period is
260 weeks, but may be extended to 520 weeks.Permanent
and total incapacity – payments equal 2/3 of AWW
after temporary and partial payments have been
exhausted.Death
benefits for dependents – widows or widowers who
remain unmarried shall receive 2/3 of the worker’s
AWW, but not more than the state’s AWW. Six
dollars per week will be provided for each child under
18. Burial expenses are also available.Subsequent
injury – a previously injured employee who has
received compensation and has returned to work for two
months or more and is subsequently reinjured is
eligible to receive compensation.
If
you have been injured at work, require medical care and
have been unable to earn your full wages for five or
more days, you are entitled to Workers’ Compensation
payments. Unfortunately, it is not always
easy to obtain benefits. There are several
circumstances where it is particularly important that
you contact an attorney for assistance.
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An employer
has denied that you were injured while on the job,
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You have
been refused medical treatment,
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You have
received a Notice of Denial from the insurance
company,
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Compensation
was promised but has not materialized,
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You are
without income,
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An employer
or insurance company has requested your deposition,
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Your
employer does not carry compensation insurance,
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A third
party has caused your accident.
The
Division of Industrial Accidents (DIA) manages the
compensation system and a commissioner, 21 trail judges
and six appeals judges have been appointed by the
Governor to serve in the organization. Do you have
the expertise and confidence to present your claim
before this audience? Preparing the proper
documentation and witness interviews are time consuming
and complicated – do you have the resources and
wherewithal to invest in these activities? A
Kantrovitz & Associates attorney does. We have
the credentials, skill and knowledge of Massachusetts
workers compensation laws and your rights. We will
be your representative, your coach and your confidant.
Obviously, there are more
details and requirements within each of these categories
of benefits. Only experienced counsel can advise
you of the appropriate course of action to increase the
probability of winning your claim. Your attorney can
also provide information on the ways that claims can be
settled including arbitration, mediation, and collective
bargaining. Again, a competent attorney will
develop a strategy to ensure the best results in your
claim. It is important to remember that if you
retain an attorney because you have been denied benefits
or face a change in benefits, that Massachusetts law
states that the majority of attorneys’ fees will be
paid by the Workers’ Compensation Insurer.
Call
Kantrovitz & Associates today for an assessment of
your Worker’s Compensation case. Should you
become our client, you will receive responsive and
quality legal services throughout the claims process.
With our attorneys as your representative, you can
confront this complex process with the dignity and
confidence. We can be reached at (800) 259-7451 or
contact us via email at info@kantrovitzlaw.com.
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