INJURED IN AN ACCIDENT?
Workers Comp Attorney in Massachusetts: Tapalian Law
Getting injured on the job can change your life in just a second. One moment you are busy with finishing your work, and all of a sudden you find yourself sitting in a clinic in pain.
The sad reality is, often employers challenge or delay workplace injury claims, making it difficult to claim the benefits.
The insurance company might ignore your phone calls and delay your treatment in the process. Your boss might put pressure on you to return to work even though you have been advised by your doctor to take rest.
Injured on the Job? Get the Benefits You Deserve.
Call now at 401-552-5000 for a free consultation!
At Tapalian Law, we understand what you might be going through. As a trusted Massachusetts worker’s compensation attorney, we fight to protect your rights and guide you throughout the process.
We will deal with the insurance company in question so that you can focus on what matters to you the most- healing.
Whether you need legal advice in Seekonk, MA or Revere, MA, just give us a call, and an expert Boston workers comp lawyer will be there to provide the support and guidance you need to claim your benefits.
Did You Get Hurt at Work in Massachusetts? Know Your Rights
You should never let the insurance company reduce your benefits or dispute your claim. Learning about your rights can help you be prepared for the fight ahead and make a timely claim.
Workers’ compensation cases in Massachusetts are administered through the Massachusetts Department of Industrial Accidents (DIA) and not through a traditional civil court system.
The DIA oversees disputes involving workers’ compensation benefits and provides a standardized process for resolving disagreements between injured workers and insurance companies.
As per the current Massachusetts law, employers must carry workers’ compensation insurance. It helps protect employees if they are injured or become disabled because of a work-related accident or illness.
- Massachusetts has a no-fault workers’ compensation system.
- Most employers must carry workers’ compensation insurance.
- Injured workers might receive medical and wage replacement benefits.
- If an employee dies from a work-related injury or illness, eligible family members may receive death benefits.
- Workers who are unable to return to their jobs may qualify for vocational rehabilitation.
Workplace injury: What are the immediate steps?
After a workplace injury, here’s what you should do-
- Notify your employer as soon as possible.
- Your employer reports the injury to its workers’ compensation insurance carrier when required under Massachusetts law.
- The insurance company reviews the claim and determines whether benefits will be paid.
- If the insurer denies or disputes the claim, the matter may proceed through the dispute resolution process administered by the Department of Industrial Accidents.
The DIA dispute process can include several stages, such as:
- Conciliation
- Conference before an administrative judge
- Formal hearing
- Appeal, when appropriate
Every step in the process has deadlines and documentation requirements. Missing them could affect your ability to receive benefits.
Massachusetts Workers’ Compensation Benefit Categories
Massachusetts provides statutory wage replacement and medical coverage under four primary benefit classifications:
- Temporary Total Incapacity Benefits
- Temporary Partial Incapacity Benefits
- Permanent and Total Incapacity Benefits
- Permanent Loss of Function and Disfigurement Benefits
What Are The Common Massachusetts Workplace Injury Types
We have been successfully handling workplace injury claims in Massachusetts for years. Tapalian Law handles claims across diverse industries, including high-risk job sites.
You should call an experienced Massachusetts workers compensation attorney, if you have recently experienced any of the following.
- Injuries Caused by Repeated Tasks: Conditions such as carpal tunnel syndrome or tendinitis that develop over time due to repetitive motion.
- Construction Site Accidents: Falls from ladders or scaffolding, machinery accidents, and heavy equipment injuries.
- Spine & Back Injuries: Herniated discs, severe lumbar strains, or spinal cord damage caused by heavy lifting or sudden trauma.
- Motor Vehicle Accidents: Crashes involving delivery drivers, commercial truckers, or traveling employees injured while performing work tasks.
Proof of Injury Is Essential: Here’s what to know
If you want to secure worker’s compensation benefits in Massachusetts, you need to do more than report your injury. Submitting your medical proof of injury is essential. It should clearly establish a link between your medical condition and your duties.
An insurance company might deny the claim and argue that the injury did not occur onsite but away from work. They can further argue that it might have happened due to aging or a pre-existing condition. To prevent this, keep everything documented and take help of the best Workers Comp Lawyers in Massachusetts.
Document Every Stage of Your Medical Treatment
Tell Your Doctor How It Happened: At your very first medical appointment, clearly state that your injury occurred onsite and while performing your task. Ensure that the doctor adds this in your official medical records.
Keep Complete Records: Maintain copies of all emergency room discharge sheets, diagnostic imaging reports (X-rays, MRIs), doctor notes, physical therapy logs, and prescription receipts.
Follow Treatment Plans Strictly: Attending every scheduled appointment and therapy session demonstrates the severity of your injury. Missing visits or delaying treatment gives the insurer leverage to argue that you have recovered or that your condition is not serious.
Protect Your Rights After a Workplace Injury
From filing your claim to resolving disputes, our experienced attorneys are with you every step of the way.
Don’t sign anything before speaking to a lawyer
After a workplace injury, the insurance company might send you paperwork for you to sign or might even request you to attend medical examinations.
Although you should cooperate with them, you must fully understand what is written in the documents you are being asked to sign. Signing such documents without fully comprehending what it states might affect your rights.
As part of the claims process, the insurance company may request that you attend an independent medical examination, or IME. In some cases, the Massachusetts Department of Industrial Accidents may also order an IME. You should know that the examination findings can play a key role in determining your claim approval and the benefits you receive.
Do not sign any such document, medical authorizations, or other legal paperwork. Your first step should be to speak with a workers comp attorney in Massachusetts who understands the Massachusetts workers’ compensation procedures.
If you secure expert legal representation early in the process, you can avoid making costly mistakes that might ruin your chances of claiming benefits that you truly deserve.
Why Should You Hire a Massachusetts Workers’ Compensation Attorney?
If you have been injured on the job anywhere in Massachusetts, the state law gives you the right to claim workers’ compensation benefits.
However, getting those benefits on time, can be a different story altogether due to the insurance adjusters. They never work for you, they work to limit what the insurer pays out. Hiring an experienced Massachusetts workers compensation attorney can come in real handy, as an attorney can change things in your favor.
Negotiating with the insurance company:
An attorney would deal directly with the adjuster, and would push for the full wage replacement and medical coverage that you owe. It would prevent the insurance adjuster from undervaluing your claim. Or drag out the process hoping you will accept what is being offered or give up.
Appealing a denied claim:
If your claim has been denied, this should not be the end of the road for you. Fight it. However, it would involve understanding the Massachusetts Department of Industrial Accidents (DIA) rules, filing the right paperwork, and also presenting medical evidence at a hearing. A skilled attorney can guide you in every step of the way.
Finalizing the settlement:
If and when your case moves toward a settlement, you should wait till you get what you truly deserve. A lump sum amount should cover expenses including future medical needs.
An attorney helps you evaluate whether an offer actually covers your needs.
In short, even though law gives you the right to benefits, nothing forces the insurance company to hand them over easily. An attorney’s job is to close that gap.
Welcome to Tapalian Law:
Attorney David Tapalian is a Brown University graduate who earned his J.D. from Roger Williams University School of Law. Licensed in Massachusetts and Rhode Island, he focuses on personal injury and workers’ compensation cases. He has been recognized as a Top 100 Trial Lawyer, holds a 9.8 Avvo Rating, and has received multiple Avvo Clients’ Choice Awards.
FAQs
What Should I Do After a Workplace Injury in Massachusetts?
Report the injury to your employer as soon as you can. Get medical treatment, and make sure the doctor’s notes mention that the injury is work-related. Keep copies of important documents like medical records, and your own notes about what happened.
How Does the Massachusetts DIA Claims Process Work?
Your employer’s insurer reviews the claim first. If they deny it or stop paying, you can file an Employee’s Claim with the Department of Industrial Accidents. Disputed cases generally start with conciliation and can move to a conference and then a hearing if they aren’t resolved there.
What Benefits Am I Entitled to Under Massachusetts Workers’ Compensation Law?
Depending on your situation, you may be entitled to medical benefits, wage replacement for temporary or permanent incapacity, permanent loss of function or disfigurement benefits. Contact the best workers comp lawyer in Massachusetts, and they will guide you regarding your condition.
Can I Be Fired for Filing a Workers’ Comp Claim in Massachusetts?
No. Massachusetts law protects workers from being fired or retaliated against for reporting a work injury or filing a claim. If that happens to you, report to the DIA.
Why Should I Choose Tapalian Law for My Massachusetts Workers’ Comp Case?
We work with injured workers throughout Massachusetts, we know how the DIA process moves, and we know the insurance companies operating in this state. Consultations are free, and there’s no fee unless we win your case. We have offices in Seekonk and Revere.
How Long Does Workers’ Comp Last in Massachusetts?
It will depend on the nature of your injury and your ability to work. If you can’t work because of your injury, you may receive benefits for up to 156 weeks, while partial disability benefits may last up to 260 weeks, with a combined maximum of 364 weeks in most cases.
If you’re permanently unable to work, you may qualify for ongoing benefits, and your medical treatment is generally covered for as long as it’s reasonable, necessary, and related to your work injury.
How Much Does Workers’ Comp Pay in Massachusetts?
Workers’ compensation benefits are based on your average weekly pay before your injury. If you can’t work, you’ll generally receive 60% of your average weekly wage, subject to Massachusetts’ maximum benefit limits.
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