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'
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.
- carpal tunnel/repetitive trauma injuries;
- hearing problems;
- work-related emotional problems;
- work-induced heart attack or stroke;
- occupational diseases such as asbestosis and
- disfigurement and scarring of face, neck or hands;
- asthma or other work related pulmonary conditions;
- loss of use of limbs; and
- eye injuries
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
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
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
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
Please be sure to include a telephone number where you can be reached.
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