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, P.C., 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, P.C., 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.
"Robert was so accommodating to the special circumstances of our case and our family.He came to our home for meetings,for our convenience. He kept us informed and prepared for all stages of the process. He was always reachable and responsive. Robert worked tireless for us and towards the best possible outcome. Our case was recently settled for what Robert anticipated. I cannot imagine a more positive experience. I would choose Robert all over again."
"Colleen Santora was very attentive to my needs throughout the duration of my cases. Additionally, she was very effective in communicating with me regarding any issues that came up or any questions that I had. I felt that Colleen was truly on my side, and this greatly decreased the level of stress that I felt during the duration of my cases. I am very happy with the results that Colleen was able to achieve for me, and I highly recommend her for those seeking legal counsel in the Boston area."
"Robert Feinberg and Colleen Santora represented me in a case that lasted almost four years. They showed consistently superior professionalism, skill, and knowledge throughout the process, and worked tirelessly with persistence and patience to achieve an excellent settlement. Moreover, they placed a high degree of importance on ethical behavior and honest communication. I recommend them and the firm unequivocally."
"My Family contacted Feinberg & Alban after my mother was seriously injured in a motorcycle accident. She suffered a life threating brain hemorrhage, a broken neck, and will be affected by traumatic brain injury symptoms for the rest of her life. Thanks to the efforts of Robert and his team my mother was accepted as a patient by the best neurological doctors and health care professionals in the state of Massachusetts. Ultimately Robert was able to negotiate a very favorable settlement for my mother. I would highly recommend Feinberg & Alban to anyone with a personal injury case."
"So glad that Feinberg & Alban were recommended to me after I was injured in a car accident. I'd never been in an accident before, didn't know what to do, didn't know how to deal with the insurance companies, didn't know what to expect with the process. Fortunately, Marsha Alban is experienced, knowledgeable and excellent at her job. She put me at ease right away, and explained the options I had. Throughout the process, Marsha and her team handled everything, keeping me apprised along the way. I'm pleased with the outcome and happy that I had Feinberg and Alban on my side."