Work injuries are a serious problem for workers in the Boston area. In factories, at construction sites and even in offices, workers are exposed to an endless variety of hazards. In 2013, there were about 65,000 non-fatal work injuries and illnesses and 57 deaths among private sector workers in Massachusetts. Almost a quarter of the work injuries were caused by falls, slips and trips, often due to unsafe work conditions. At the law firm of Feinberg & Alban PC, we work hard to get employees the benefits or compensation they are entitled to under the law.
Boston workers are generally protected by the Massachusetts workers’ compensation system. These laws serve to ensure that workers have insurance to protect them in case they suffer an injury at work or become ill due to their employment. Employers are required to provide workers’ compensation insurance to their employees. When workers are injured, they make claims which are paid by this insurance.
The Department of Industrial Accidents (DIA) administers work injury claims in the state. Claims can be made regardless of whether the employer was negligent or provided an unsafe workspace. In return for these “no-fault” benefits, employees generally give up the right to bring lawsuits. Our attorneys will advise you of your rights and help you bring a claim or appeal the rejection of a claim.
However, employees who are injured at work through the fault of someone other than their employer (or fellow employees) may also be able to bring a so-called “third-party claim” against the party at fault. For example, if you are injured at work because a piece of equipment you are using was dangerously designed or manufactured, you may be able to bring a lawsuit against the manufacturer or seller of the equipment. Or, if you slip and fall on ice while entering a building where you will be working on a construction project, you may be able to sue the building owner or maintenance company. Bringing a third-party action does not affect your right to receive workers’ compensation. Our attorneys will advise you of your rights and help you bring a workers’ compensation claim, or appeal the rejection of a claim, and will also represent you in a third-party lawsuit if the facts support one.
There are a variety of benefits available to injured workers depending on the type, severity and duration of their injury. Some of the benefits are based on cost, while others are based on pay. Injured workers may be able to collect:
Our workman’s comp attorneys fight to get injured workers the benefits they are entitled to under the law.
If you have been injured or made ill by your work, your employer is required to report the incident to the DIA and their insurer and provide you with a copy of the report. Once the insurer receives the report, they have 14 days to investigate and decide whether to pay. If your claim is denied, the insurer must explain why and inform you of your right to appeal. If you are appealing your claim to the DIA, you should seek the assistance of an experienced attorney who will aggressively represent your interests.
There are multiple steps in the dispute process. First, a Conciliation will occur. This is an informal meeting where you and your attorney meet with the insurer and a conciliator from the DIA to try to reach an agreement. The next step would be a Conference in front of an administrative judge. This would be an informal procedure but would result in a judgment. Either party can appeal and request a Hearing, which is a more formal proceeding in front of the same judge. If either party appeals, the case will go to the Reviewing Board, which has the ultimate power to decide the case. Our attorneys represent workers at every step of this process.
At Feinberg & Alban PC, we pursue your workers’ compensation claim aggressively. We are relentless advocates for our clients while maintaining a professional and well-respected demeanor. If you have been hurt at work, call us immediately at 617-232-5950 or contact us online to schedule a free consultation.
The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.
Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.