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When you are injured on the job in Massachusetts, the workers' compensation system is supposed to provide you with medical care and wage replacement while you recover. But in practice, insurance companies routinely deny claims, delay treatment, and pressure injured workers to return to work before they are ready. At Altman Nussbaum Shunnarah Trial Attorneys, we fight to ensure that injured workers receive every benefit they are entitled to under Massachusetts law.
Massachusetts workers' compensation is a no-fault system, meaning you are entitled to benefits regardless of who caused your workplace injury. Your employer's insurance company is required to pay for all reasonable and necessary medical treatment related to your injury and provide wage replacement benefits if you are unable to work. Benefits include temporary total incapacity benefits (60% of your average weekly wage), temporary partial incapacity benefits if you can work in a limited capacity, permanent and total incapacity benefits for catastrophic injuries, and lump sum settlements for permanent impairment.
Workers' compensation claims arise from a wide range of workplace injuries and illnesses including construction site falls and accidents, repetitive strain injuries like carpal tunnel syndrome, back injuries from lifting and manual labor, exposure to toxic chemicals and substances, machinery and equipment accidents, slip and fall injuries on the job site, occupational diseases, and motor vehicle accidents while working. Every type of workplace injury requires specific documentation and often involves disputes with the insurance company about the extent of your disability and the treatment you need.
While workers' compensation benefits cover medical bills and a portion of lost wages, they do not compensate you for pain and suffering. However, if a third party (someone other than your employer) contributed to your injury, you may have a separate personal injury claim against that party. Common third-party claims include defective equipment manufacturers, negligent subcontractors on a construction site, property owners who maintained unsafe conditions, and drivers who caused work-related vehicle accidents. These third-party claims can provide full compensation including pain and suffering, which workers' comp alone cannot.
Insurance companies deny workers' compensation claims for many reasons — some legitimate, many not. Common reasons for denial include disputing whether the injury is work-related, claiming a pre-existing condition caused the injury, alleging the employee was not following safety protocols, and arguing the injury does not prevent the worker from performing their job. When your claim is denied, you have the right to appeal to the Massachusetts Department of Industrial Accidents. Our attorneys represent workers through every stage of the appeals process, from conciliation to conference to hearing and beyond.
No. Massachusetts law prohibits employers from retaliating against employees who file workers' compensation claims. If you are fired or disciplined for filing a claim, you may have an additional claim for wrongful termination.
Temporary total incapacity benefits pay 60% of your average weekly wage, up to the state maximum. Additional benefits are available for permanent impairment, scarring, and loss of function.
While not required, having an attorney significantly improves your chances of receiving full benefits, especially if your claim is denied or disputed. We work on contingency, so there is no cost to you unless we win.
Call us right now or fill out the form above. Free consultation. No obligation. No fee unless we win.
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