Being injured on the job can be a very stressful situation. As a workers’ comp attorney in Massachusetts, I see firsthand how hectic and frustrating the aftermath of a work accident can be for injured workers and their families. Getting an experienced lawyer involved soon after a work accident is extremely important to protect yourself and relieve the stress of the complex legal and insurance issues that are often involved.
First off, there’s the physical and emotional trauma of dealing with injuries. Severe injuries may require surgery and days in the hospital. Even less serious injuries can cause significant pain and discomfort. Then there’s the financial burden and worrying about being out of work and unable to make money to pay your bills and support your family. The uncertainty and unfamiliarity with workers’ compensation in Massachusetts only adds to the stress of it all. This is where an experienced workers’ compensation attorney comes in.
As a workers' compensation lawyer in Massachusetts, I focus on helping employees who are injured on the job. But how does a workers’ compensation lawyer help injured workers? Let’s discuss some important aspects of an attorney’s job from my perspective.
Educating Injured Workers is Important
The first thing I do is educate my clients. I always have a detailed discussion with my clients where I explain the many aspects that are involved in a workers’ compensation case. I find it important and beneficial to being successful in a claim for my clients to have a good understanding of the benefits that are available to them after a work accident and of the workers’ compensation process in Massachusetts.
Additionally, I always inform my clients of the many pitfalls to avoid and some of the insurance companies’ tricks to be aware of, so they do not hurt their chances of getting the benefits and possible settlement they deserve.
If you haven’t consulted with an attorney after an accident, you should educate yourself as soon as you can after a work accident. One thing you can do is get a free copy of my e-book: A Guide to Massachusetts Workers’ Compensation Claims. This Guide will provide you with a wealth of information about workers’ compensation claims in Massachusetts, so you don’t have to rely on what the insurance companies tell you or go through this process alone or uninformed. This Guide also has a specific section dedicated to answering the most frequent questions asked by injured workers. This offers a lot of great information to understand the claims process in Massachusetts, the benefits you may be eligible for, and what to expect and anticipate after being hurt at work.
Navigating the Workers’ Compensation System in Massachusetts
Next comes navigating the workers’ compensation system in Massachusetts. Workers' compensation is a type of insurance that provides financial protection for employees who are unable to work because they were injured on the job. Workers’ comp provides disability and medical benefits to injured workers. While the workers’ compensation insurance policies are in place to protect injured workers, insurance companies and their adjusters are not always looking to help and extend the financial protections and benefits employees desperately need after a serious work accident. An experienced work accident lawyer can help employees understand the process, legal requirements, and deadlines to make sure they receive benefits as soon as possible after a work-related accident.
Managing Claims and Taking Legal Action, if Necessary
An experienced worker’s comp lawyer will explain to you the responsibilities of your employer and their insurance company after an accident. This will help you understand all parties’ obligations and requirements under the laws in Massachusetts so you will know when your benefits should begin to be paid.
A lawyer will also ensure that all deadlines, forms, and medical documentation are accurate and properly submitted to make sure your benefits are paid on time and that the amount of your workers’ comp checks are accurate.
Additionally, you will need an attorney to help make sure your medical bills and expenses are covered. The last thing you need when you are hurt at work and unable to earn your pay is to worry about dealing with medical bills. I spend quite a bit of time addressing outstanding medical bills and coordinating with the insurance companies to get them paid. This relieves a lot of stress my clients are under after being hurt at work.
In the event the insurance company doesn’t pay benefits on time, or they deny your workers compensation claim, a lawyer will be able to file a workers’ compensation claim right away. In my experience, in situations like these, it is important to be prepared early in the case to be able to file a claim as soon as necessary because time is of the essence. The longer it takes to file a claim, the longer it will take to get before a Judge, which only increases the amount of time you may go without any source of income. Delays only add to the financial stress of the whole situation.
Representation at the Workers’ Comp Proceedings
If your case ends up in litigation at the Department of Industrial Accidents, your lawyer will be able to effectively represent you at all stages of litigation. From some of my other articles and videos you may know that there are four proceedings that can be held when a workers’ comp claim is litigated at the DIA. Now keep in mind that not all claims need to go through all four of these court proceedings. But you and your lawyer need to be prepared to, if necessary.
My office routinely works with doctors and medical experts to obtain all the necessary evidence and medical records to document the extent of your injuries and disability. This secures the evidence needed to be successful in a workers’ comp case. A lawyer will know the time requirements and deadlines to make sure all documents and memoranda are timely filed and how to handle each of these proceedings to be successful in your claim.
Negotiating and Finalizing Settlements
Then there’s the evaluation and timing of negotiating a lump sum settlement. While not all workers’ comp cases end up with a settlement, most of them do or could be settled. An experienced attorney will be able to properly assess the value of your case, negotiate a fair and reasonable settlement, and finalize all the lump sum settlement documents in order to get the settlement approved and paid.
Final Thoughts
The one thing I tell all of my clients when they hire me is not to worry about the insurance or legal issues – I’ll handle all of that. That’s my job. I want them to focus on their health and recovery and leave all the other issues to me.
Another very important aspect when helping injured workers is communication. I routinely stay in touch with my clients to make sure I know what’s going on with their treatment and recovery and to keep them up to date with the status of their case, so they are fully aware of what is going on.