Massachusetts Workers Compensation

When you’re injured at your place of employment, it’s your legal right to receive workers’ compensation benefits. After getting hurt on the job, it’s critical to notify your workplace right away. Unless your injuries necessitate leaving the worksite in an ambulance, notify your employer immediately to file an incident report. Recount the full details of the incident while it’s fresh in your mind, take photos of the accident site, and obtain statements from co-workers who may have witnessed the incident. Include as much information as possible as these details may provide key evidence in a workers compensation claim. Following a worksite accident, it’s essential to seek medical attention right away, regardless of the severity of your injuries. Make sure to inform your healthcare provider that you were injured at work and how the accident occurred. Then, contact a dedicated Massachusetts workers’ compensation attorney at Tapalian Law for a free case review to determine your eligibility to seek compensation for your workplace injuries.

These days it’s commonplace for people to post everyday details about their lives on social media. This, however, can prove harmful to a workers compensation claim. Be careful what you post on social media because insurance adjusters may be looking for ways to argue that you are not as injured as you are. For instance, if a person posts a photo of themself lifting heavy weights at the gym while out of work due to work-related injuries, certainly this can have a detrimental effect on their pending claim. The insurance company will likely question the severity of the person’s injuries and their inability to work.

When an employee is eligible to receive workers compensation benefits in Massachusetts, there are various ways this is accomplished. In some instances, the injured person can fight for a lump-sum settlement which allows you to receive all your payments at one time, versus payments spread out over time. These negotiations can be complex, and it’s beneficial to have an experienced workers compensation lawyer on your side to discuss the options and alternatives, as well as explain the pros and cons of each. Attorney David Tapalian has over 20 years of experience with MA and RI laws and will help you make an informed choice that best suits your situation. A Massachusetts workers’ compensation case will have time-sensitive deadlines that must be met in order to give you the best chance of success to seek fair compensation for your injuries. Don’t delay seeking legal help, contact Tapalian Law at 401-552-5000 to schedule your complimentary consultation. Our personal injury firm works on a contingency basis, so we only get paid if you are awarded money for your claim.

While many worksite injuries involve heavy equipment and machinery, a workplace injury can occur in any type of profession and Massachusetts Law requires every company to provide workers’ compensation for its employees. The government of Massachusetts offers benefits to employees suffering from an injury due to their employment, as well as those who obtain diseases or mental disabilities over the course of their work. Depending on eligibility, some of these benefits include medical services, prescription drugs, rehabilitation treatments, and lost income payments. Eligibility to receive compensation due to time away from work requires that your injury caused you to miss more than five days at your job. Benefits also extend to funeral costs and other payments if death resulted from the accident. Different agencies throughout the state can help ensure you receive the services required including the Department of Industrial Accidents, Division of Insurance, and Executive Office of Health and Human Services.

One difficulty that can arise in a workers compensation claim is when the employee suffered from a previous medical condition. To be successful, your attorney will need to establish proof that any medical issues you suffer were a direct result of the workplace accident, or that your prior injuries were exasperated because of the event.

An oft-cited Massachusetts workers’ compensation case that affects law to this day took place in the 1930’s. An employee of a Mass slipper company was working in their building, when the wall fell on him due to the winds of a hurricane. The resulting Caswell case would initially be rejected as a workers’ compensation case since the injury did not directly occur due to his work as a stitcher. However, this case would go on to expand the scope of what is covered under Massachusetts workers’ compensation to include anything that occurs during the time of employment even if it is not directly from the task at hand.

The Fitzgibbons Case also expanded the view of personal injury occurring during employment to include mental disorders such as shock or emotional trauma. A psychiatrist acting as an expert in the case managed to establish proof of causation between the worker’s injury and a later suicide attempt. Mass Workers Compensation Attorney David Tapalian has decades of experience with the law and can help guide you to make the best decisions based on your specific needs and past rulings in the state.

Another potential compensatory event is the death of a worker during a business trip. The Souza case looked at the death of an employee due to a fire at the hotel he stayed in while travelling for business. The judge ruled that his family was eligible for compensation because he chose to stay in the hotel due to a work obligation and the company reimbursed him for the cost of the lodging.

Another famous Massachusetts workers’ compensation decision from the Scheffler case in 1994. A medical examiner reported that a worker had no medical problems following a workplace injury and would not have difficulty performing his role as an insurance salesman. The judge ruled that a report by a physician, such as this one, cannot be the only evidence used to determine eligibility for disability benefits. Judges are now required to look at an employee’s background in its entirety such as their age, education, and requirements of the job to name a few. Here at Tapalian Law, we can help you establish proof of your injury and the effects it has had on your work life.

Attorney David Tapalian helps clients with workers’ compensation cases in Massachusetts, Rhode Island, and Florida and is easily accessible with convenient office locations in Providence, Warwick, and Seekonk. If you are hospitalized with an injury, our personal injury experts will travel to meet you at the hospital to discuss your claim. Call Tapalian Law at 401-552-5000 or reach us online to talk with us about your case today.