Massachusetts Workers Compensation Legal Questions

HelloLet me first say that I am so sorry to hear about your injury at work. The situation you are facing is sadly a pretty regular occurrence. I would assume that you have timely reported your injury to your employer and made them aware of the limitations placed upon your return to work on a light duty basis? Assuming this all is all true and correct, I would encourage you to first go directly to your employer or to human resources and remind them about the injury and the limitations your doctor has placed upon your return to work on a light duty basis. Advise that you are making all proper efforts to continue working, but that being asked to perform, duties that are contrary to the limitations specified by your doctor are making the situation worse. If this falls upon dead ears, I would suggest going back to the doctor and advise what is happening with the employer not honoring the limitations specified. I am certain that the doctor will reiterate the limitations and hopefully indicate that you should not be working at all if the limitations are not honored. I can tell you that the judges at the Department of Industrial Accidents are very supportive and do not appreciate when an employer does not comply with limitations following an injury at work.Hope this helps... Read Answer

As a general rule, the answer is no.  The point of the creation of the worker's compensation system that was created many years ago was so workers would not have to prove anyone was at fault for an accident.  In the past, it was treated like any other case.  If you wanted to sue your company, you had to show there was wrongdoing or negligence on the part of your company.  When workers got hurt on the job, they would then have to often go through a difficult litigation process to make a claim.  That would often mean medical bills and lost wages would not be paid while the case was ongoing.  The "no fault" worker's compensation system was created so the injured party could seek wages and medical treatment immediately, regardless of how the accident happened - it just needed to happen while in the course of your employment.   In sum, you would be entitled to 60% of your average weekly wage for the time you are out of work and all related medical treatment should be paid.  If these are not happening, you may need an attorney.  In addition, if your injuries are serious enough, you may also be entitled to a lump sum settlement which an attorney can negotiate for you.  The best advice is to seek a free consultation of a worker's compensation attorney in your area.  ... Read Answer

If the injury occured in Chicago, it is a Illinois workers compensation case.  You settled that case, therefore no other case is allowed per the comp law.  If your case was settled "with liability," the insurance company will pay your reasonable and related medical bills for the rest of your life.  Any claim for weekly benefits exhausted upon settlement.... Read Answer

If you slipped while in the course and scope of employment, then you should be able to file a workers' compensation claim for related medical bills and replacement wages at 60% of your average weekly wage.  Slips and falls are very common workplace injuries that are compensable under the Massachusetts workers' compensation law. If you would like to discuss this further, please call my office.... Read Answer

Hello, It is very hard to determine what a "good" settlement is without knowing the facts of your case.  It is important to evaluate how much money you made when working, your educational history, current disability, the total time you received workers' compensation benefits, as well as many other criteria relevant to case evaluation. If you are interested in settling your claim, please call my office to discuss.  We can breakdown all of the options that you may have and work out a good settlement number based on the criteria I mentioned above. Please review my website Pomykatolaw.com.  My father has over 30 years of experience handling matters just like this, I have approximately 8 years, and we are very experienced workers' compensation attorneys. Thank you, John C. Pomykato (617) 423-0001 johnc@pomykatolaw.com... Read Answer

First, I am sorry to hear about your father's death.   Regarding a claim for workers' compensation benefits, a injured worker has a limited amount of time to file a workers' compensation claim.  MGL 152, Section 41 states that a claim must be "...filed within four years from the date the employee first became aware of the causal relationship between his disability and his employment. In the event of death, no claim shall be made later than four years after the death." If you have any other questions or would like to speak to an attorney regarding this matter, please call me. John Pomykato, Esquire Pomykato & Pomykato (617) 423-0001 pomykatolaw.com... Read Answer

The workers' compensation law precludes a private, personal injury lawsuit against your employer.  You can only receive workers' compensation benefits, which include replacement wages and related medical treatment.  Fortunately, the law does allow loss of function awards under MGL c.152, s.36 as well as a lump sum settlement of future workers' compensation benefits.   Please contact me to discuss your options. John C. Pomykato Pomykato & Pomykato (617) 423-0001 Pomykatolaw.com... Read Answer