If you were recently injured on the job in Boston, Massachusetts or a loved one lost his or her life due to a fatal occupational injury or illness, you have rights. Even if you believe your injury or illness is minor, you may be entitled to financial compensation through one or more outlets. Bring your case to the elite team of lawyers and doctors at Barry D. Lang, M.D. & Associates for a fast and comprehensive evaluation.
Barry D. Lang, M.D. & Associates is a premier workers’ compensation, medical malpractice and personal injury law firm based in Boston. Our lawyers will let you know if your case has merit and refer you to the ideal attorney for your specific needs. Request a free consultation today at 1-877-LAW-DOCS to learn more.
Why Choose Us?
- Our lawyers have 20-plus years of experience handling Massachusetts work injury and workers’ compensation cases.
- Our law firm keeps nurses and doctors on staff for rapid and effective case reviews. You’ll never have to wait on outside experts for analysis.
- We have close relationships with top medical providers across the country to provide trial testimony when needed.
- We operate on a contingency fee basis. You won’t owe us anything in attorney’s fees unless you get paid for your workers’ compensation claim.
When to Contact a Boston Workers’ Compensation Attorney
If you suffer an injury or illness at work in Boston, you may be wondering if you need to hire a workers’ compensation attorney. The answer depends on the complexity of your case, starting with the severity of your injuries. You will benefit from hiring an attorney for a complicated case, as without a legal background, you may struggle to protect your rights when going up against your employer and an insurance company.
If your work accident left you with a serious or catastrophic injury – one that will have long-term consequences – you need an attorney to demand fair financial compensation for your significant losses. Representing yourself in this type of case increases the odds of accepting less than you deserve from an insurance corporation. A lawyer will have the experience and capabilities to go up against any defendant, big or small, on your behalf.
Types of Work Injury Cases Barry D. Lang, M.D. & Associates Handles
At Barry D. Lang, M.D. & Associates, the members of our legal team bring together decades of experience – not only in workers’ compensation law but also in medical experience among our on-staff nurses and physicians. We are equipped to evaluate any type of personal injury or workers’ compensation case in Massachusetts. We assess the following types of cases specifically in the field of workplace accidents and workers’ comp:
- Back injuries
- Burn injuries
- Construction accidents
- Dangerous work environments
- Electrocutions and electric shocks
- Exposure to harmful chemicals
- Factory and industrial accidents
- Heavy machinery accidents
- Illnesses caused by job stress
- On-the-job car accidents
- Repetitive motion injuries
- Slip and falls at work
This isn’t a comprehensive list of every type of case that Barry D. Lang, M.D. & Associates can handle. If you don’t see your type of injury or case on this list, contact us to discuss your case in detail. We are members of the Massachusetts Academy of Trial Attorneys, American Association for Justice and the Multimillion-Dollar Advocates Forum. Our law firm has what it takes to effectively handle your workers’ comp case.
What to Do After a Workplace Accident in Boston, MA
If you get injured or suffer from an illness connected to your occupation in Massachusetts, there are steps that you must take to protect your right to recover financial compensation. They include:
- Report the injury to your employer. You should always notify your employer in writing about a workplace accident as soon as possible.
- Get medical attention. This is important for your physical health, but also for legal reasons. Delaying your medical care could give an insurance company a reason to reduce your benefits or deny your claim. Your employer has the right to choose your initial health care provider (except in an emergency), but you can choose your doctor afterward.
- Document the work injury. Do what you can to document your accident and injury. Keep a copy of the notice you gave your employer, the accident report and all of your medical records. If anyone witnessed your work accident, write down their information.
- Cooperate with your employer. Your employer has seven days to notify its insurance company that an injury has occurred. Cooperate with your lawyer during the workers’ compensation claims process, but don’t admit fault for your injury.
- Contact a lawyer in Boston. Before accepting a workers’ comp settlement or dealing with an insurance claims adjuster, consult with an attorney to hear your legal options.
For more detailed information about what you should do after a work accident in Boston, contact our lawyers for assistance.
What Benefits Are Available Through Workers’ Comp?
The Commonwealth of Massachusetts’ workers’ compensation program provides no-fault financial benefits to pay for a worker’s costs and losses related to an occupational injury or illness. No-fault benefits mean that you don’t have to prove that your employer or a third party negligently or recklessly caused your workplace accident to qualify. You can receive insurance benefits even without proof of fault.
In Massachusetts, a successful workers’ compensation claim could result in the following types of benefits:
- Medical benefits. This pays for the full value of your hospital bills, medical attention and ongoing health care required because of your work-related injury or illness. These benefits cover all adequate and reasonable medical care, prescriptions, and mileage reimbursement for travel costs. These benefits will be available for as long as you require medical care.
- Temporary total incapacity benefits. If your injury or illness makes you unable to return to work for six or more calendar days (whether or not they are consecutive), you can qualify for these benefits. They pay 60 percent of your average weekly wage, up to the state’s average weekly wage at the time of your injury. These benefits will last for a maximum of 156 weeks, beginning on the 6th day of your disability.
- Temporary partial incapacity benefits. If your occupational injury or illness means that you are able to work, but only in a limited capacity and for less money, you could receive these benefits. They can pay up to 75 percent of your weekly total temporary benefits (which are 60 percent of your gross average weekly wage) for up to 260 weeks.
- Permanent and total incapacity benefits. If you are completely unable to perform any type of work, you can receive benefits to cover 66 percent of your gross average weekly wage for the 12 months prior to your accident (subject to a maximum as well as a minimum of 20 percent of the state’s average weekly wage). You can also receive an annual cost-of-living adjustment. You will be eligible for these benefits for as long as you are disabled.
- Scarring and permanent loss of function and disfigurement. If you suffer from permanent scarring on your face, hands or neck; disfigurement; or the loss of an important bodily function because of an occupational accident, you can receive a one-time payment for this type of harm. This payment will come in addition to any other benefits received for your medical condition. The amount depends on the severity and location of the damage.
- Survivors’ and dependents’ benefits and burial expenses. If you lost a loved one in a fatal workplace accident in Boston, you could be eligible for death benefits as a survivor or dependent. This can pay for reasonable funeral and burial costs; weekly wage benefits of up to 66 percent of the decedent’s wages; and yearly cost-of-living adjustments beginning two years after the date of the injury or illness for a surviving spouse. These benefits will last for as long as the beneficiary remains dependent.
- Vocational rehabilitation. You can qualify for vocational rehabilitation benefits through workers’ comp with any type of occupational injury or illness. This is available to help you return to meaningful employment if you have reached a point where you are medically stable but have permanent functional limitations that require you to retrain.
The full value of your workers’ compensation claim in Massachusetts will depend on many factors that are unique to you and your case, such as the amount of money that you were making prior to your accident, the amount that you can earn now with a temporary or permanent disability, and the extent and longevity of your injuries.
Can You File a Lawsuit Against Your Employer for a Work Injury?
Workers’ compensation benefits can be relatively easy to obtain since there is no requirement to prove that an employer is at fault for your injury or illness. If you suspect that negligence did play a role in causing your occupational injury or disease, however, a personal injury case might be better suited for your situation.
Although you will have the burden to prove that your employer caused or significantly contributed to your injury by failing to act with reasonable care, the financial compensation available through a personal injury lawsuit can exceed workers’ compensation benefits. A successful personal injury case in Massachusetts can pay for:
- Your past and future medical expenses
- Disability costs
- 100 percent of your lost wages
- Lost future earning capacity
- Pain and suffering
- Psychological harm or emotional distress
- Property damage
- Attorney’s fees
- Out-of-pocket costs
- Death benefits
- Loss of consortium
- Punitive damages
Note that you cannot receive workers’ compensation benefits and sue your employer for a workplace accident in Massachusetts. You must choose one or the other. You can, however, receive workers’ comp benefits and file a lawsuit against a third party, such as the manufacturer of a defective piece of equipment, a careless property owner or a negligent contractor. During your case assessment, we will let you know if you have grounds for a personal injury case and/or workers’ comp claim.
What Is the Time Limit on a Massachusetts Workers’ Compensation Claim?
Under Commonwealth law, you must file a workers’ compensation claim in Massachusetts within four years. Typically, the clock starts ticking on the date that you became aware of a connection between your medical condition and your job. This may be different from the date of a workplace accident, depending on the circumstances.
If you were diagnosed with an illness such as mesothelioma decades after being exposed to asbestos in the workplace, for example, the four-year filing window would not begin until you made the connection between your illness and your occupation. Note, however, that if your injury or illness occurred prior to January 1, 1986, the statute of limitations is one year.
If you receive notice that the insurance company is denying your claim, you have four years from the date you received this notice to file an appeal. If you wish to file a personal injury case in Massachusetts, the statute of limitations is three years instead of four. The clock on this type of case starts counting down on the date of the accident or reasonable injury discovery – whichever comes later.
Request a Free Consultation With a Boston Workers’ Compensation Lawyer Today
Barry D. Lang, M.D. & Associates is a team of highly qualified and experienced lawyers, doctors and nurses. When you contact us about a potential workers’ compensation case in Boston, our receptionists will answer the phone 24 hours a day to take your call and speak with you. Then, one of our attorneys will promptly contact you to set up a free consultation. We can handle most case reviews over the phone, but we can also visit you at your home or hospital, if needed.
Our lawyers and on-staff doctors will conduct a fast and thorough analysis of your work injury or workers’ compensation case. We are known for our rapid and effective case reviews. Our staff members were trained by the founder of our law firm, Barry D. Lang, MD. As a medical doctor and attorney, Berry had a unique perspective on case evaluation that gave him an edge in the legal field.
We are also known for providing personal attention to each client who comes to us for help. We connect clients directly to attorneys so that they never get lost in the shuffle. Our law firm prioritizes communication and transparency. You will be able to speak directly to your lawyer – not a paralegal or associate – and benefit from zealous legal representation for the duration of your case.
Start your workers’ compensation case with a free consultation in Boston to learn more about how we operate. Contact us online or call (617) 720-0176 today.