Massachusetts Workplace Injury Law
The Massachusetts workers’ compensation lawyers at Kantrovitz & Associates are dedicated leaders in disability law. For over almost 30 years, we have defended the rights of injured workers in disputes with employers and insurers. We provide caring representation and results-driven service to accident victims in Massachusetts, Rhode Island, and New Hampshire. Let us help you recover the compensation you deserve.
Dealing With Insurance Companies
Massachusetts law requires that employers compensate workers injured in job-related accidents. One of the most difficult aspects of recovering benefits is dealing with the insurance companies responsible for paying out claims. Injured workers are entitled to payment from employers and insurers regardless of fault. But insurers are often reluctant to concede liability. As such, workers must remember that insurers can erect various obstacles to relief, including:
- Denial of benefits
- Reduced payments
- Low settlement offers
- Denying worker coverage
- Opposing eligibility for payment
- Waivers, payment without prejudice
- Challenging severity of disability
- Requesting additional medical evidence
- Discontinuing payments with written notice
Insurance companies are skilled at excluding coverage and denying liability for workplace injuries. They set forth stringent requirements to prove eligibility and may take advantage of inexperienced claimants. When handling insurers with vast resources and aggressive attorneys, workers should be represented by experienced advocates knowledgeable in workers’ compensation law. This dramatically improves their chances of success on a claim.
Insurance Liability and Payment
Workers should file an accident report with their employer as soon as they discover an injury. Eligibility requires that the disability prevent a return to work for more than 5 days. Insurers must begin compensation within 3 to 4 weeks. Benefits may include coverage for:
- Partial disability
- Medical expenses
- Prescription drugs
- Rehabilitation costs
- Average weekly income
- Permanent disfigurement
- Temporary total disability
- Permanent total incapacity
- Permanent loss of function
- Partial loss, visible scarring
Insurers may accept a claim without accepting liability for the injury. This is known as “payment without prejudice” and can be extended beyond 180 days. During the first weeks of payment, insurance companies reserve the right to change the amount of compensation and reduce or terminate benefits.
Handling Insurance Claims
Workers should never discuss their case with the employer’s insurance representative without legal counsel. Any statement may be later used to deny benefits or minimize liability for a serious injury. An experienced attorney is best-suited to handle insurance adjusters and ensure a full and fair settlement at trial or at settlement. Insurers have their own representatives at every stage of the process, from conciliation and conference to hearings and appeals. Having your own lawyer is imperative to dealing with insurers in adversarial proceedings to resolve a claim. Although settlements are common, hearings before a judge and review board are often necessary.
Protecting Your Rights
If you need help defending your claim, look no further than the Massachusetts workers’ compensation attorneys at Kantrovitz & Associates. For over almost 30 years, we have successfully recovered compensation from the most reluctant insurance companies, securing substantial awards for our clients. Even if you were denied benefits, let us help you request a hearing or seek review of your workers’ compensation claim. Our Boston office represents workers in Essex, Merrimack Valley, Norfolk, Middlesex, Suffolk, Plymouth, and other areas throughout the state. Call (800) 367-0871 for a free consultation or contact us online.