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Workers' Compensation

Workers' Compensation is a benefit that is available to nearly all employees who suffer an injury that arose out of and in the course of their employment. Work related injuries typically covered by workers' compensation include:

  • carpal tunnel/repetitive trauma injuries;
  • hearing problems;
  • work-related emotional problems;
  • work-induced heart attack or stroke;
  • occupational diseases such as asbestosis and dermatitis;
  • disfigurement and scarring of face, neck or hands;
  • asthma or other work related pulmonary conditions;
  • loss of use of limbs; and
  • eye injuries
If you have been injured at work you may be entitled to receive benefits for temporary total disability, partial disability, total and permanent disability, loss of function, disfigurement, medical benefits, vocational training benefits, and in certain cases, double compensation benefits. Survivors/dependents of employees who are killed at work or who die from a job injury may also be entitled to death benefits.

Who Pays For Workers' Compensation?

The cost of the workers' compensation benefits for injured employees or their families is paid by the employer. Most employers have insurance that covers the cost of providing injured employees with workers' compensation benefits. In many states, there is a special fund for injured employees whose employer is not insured. In some states, such as Massachusetts, an injured employee may bring a personal injury action under Tort Law in the Civil Courts against an employer who did not have workers compensation insurance when the employee was injured.

Are There Other Benefits To Which I Am Entitled?

Injured employees who are unable to work for more than one year or whose disability will clearly last for more than a year may be eligible for social security disability benefits. Social security disability can provide significant additional benefits to you and your family in addition to your social security benefits. In Social security may also provide Medicare coverage after the second year of social security entitlement. this may be important since may injured employees on workers' compensation have their health care insurance canceled after being out of work for a period of time.

What If My Injury Was Caused By Another Person's Negligence?

If someone other than the employee, co-employee, or the employer, is at fault in causing the employee's injury, the employee or the workers' compensation insurance company may be able to bring a suit against the negligent party (called a third party). If the employee or insurer receives monies in the third party lawsuit, the workers' compensation insurer generally has a right to be reimbursed for a portion of the benefits they had previously paid. Since the employee can seek recovery for all damages in a third party lawsuit, including for pain and suffering, the third party recoveries are usually larger than the workers' compensation payments. Therefore, it is often in the injured employee's best interest to pursue actions against negligent third parties, even though the employee may have to reimburse the workers' compensation insurer for some of the benefits paid. If the employee is successful in his or her third party lawsuit, the workers' compensation insurer may also have to pay a proportionate share of the employee's legal fees incurred in the third party lawsuit.

Why Should I Hire An Attorney?

In order to be eligible for workers compensation benefits, your case will need to be heard by a conciliator or administrative judge at the Department of Industrial Accidents. The insurance company for your employer will be represented at the Department of Industrial Accidents. Shouldn't you also have experienced counsel present.

How Much Will It Cost To Hire An Attorney?

There is never a fee for our initial consultation. In addition, the law generally requires that if you are successful in your claim for workers' compensation benefits, your employer's insurer must pay your lawyer's legal fees. If your claim is settled as a lump sum, then the lawyer generally collects a percentage of the recovery. In addition, your attorney's out-of-pocket expenses in preparing your case are generally also paid by the insurer. There are only some costs that an employee may have to pay initially, and eventually seek reimbursement from the insurer. If you have questions about a potential workers' compensation claim you should contact a competent attorney immediately for a free consultation.

How Can I Get More Information?

If you or someone you know have been injured at work, it is important to obtain immediate legal help from a competent attorney. Call Toll Free 1-(866) 461-9400 for a Free Consultation.

Our law firm, together with the network of other law firms that we work with, helps victims of personal injury nationally.

Law Office of Joseph A. Hernandez
675 VFW Parkway #312
Chestnut Hill, MA 02467
Phone: (781) 461-9400
Toll Free: (866) 461-9400
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Thank you for visiting the Law Office of Joseph A. Hernandez. The material located on our law firm's web site is intended to be a resource for present and prospective clients for informational purposes only and is not intended to be legal advice. This web site is not an offer to represent you. The act of sending electronic mail to our firm or to Attorney Hernandez does not create an attorney-client relationship and does not obligate the Law Office of Joseph A. Hernandez or Mr. Hernandez to respond to your email or to represent you. No attorney-client relationship will be formed unless you enter into a signed agreement of representation with the Law Office of Joseph A. Hernandez. You should not act, or refrain from acting, based upon any information at this web site without seeking professional legal counsel. Under the rules of the Supreme Judicial Court of Massachusetts and other rules, this material may be considered advertising. The listing of areas of practice does not represent official certification of expertise therein.