Boston Personal Injury Frequently Asked Questions

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If you or a loved one has been injured on the job, on the road or on the go, benefit from the advice of an experienced Boston personal injury attorney. I work hard to protect your rights and help you claim the damages you deserve.

Please see our other FAQ pages regarding auto, truck, motorcyle and construction accidents.

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Serving injured workers and accident victims throughout Massachusetts and injured workers who live in New Hampshire or Rhode Island who are employed in Massachusetts.

 


Should I provide a statement to an insurance company without a lawyer’s help?

It is in your best interests to only provide your contact information to an insurance company until you consult with a lawyer. The more significant your injuries, the more imperative it becomes to seek legal counsel before providing any statement.

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Will I have to go to trial to recover damages?

About 95 percent of personal injury cases filed settle prior to trial.

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What is considered “pain and suffering?”

Pain and suffering includes harm caused by physical injury and mental anguish experienced through avoiding activities you engaged in prior to your accident and the potential of surgery.

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What determines the amount I might recover for injuries sustained in an auto accident or third-party claim?

Every case addresses three issues:

  • Liability—establishing someone’s negligence
  • Damages—the amount that will fairly and adequately compensate you for your injuries
  • Source of collection—insurance or other assets from which damages can be recovered

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What should I do if I get injured on the job?

You must notify your employer of the injury immediately.  You should ask your employer to fill out an accident report.  If you require medical attention, you should see your doctor or go to the emergency room immediately.  Be sure to explain to your doctor or nurse that you were hurt at work and describe exactly what happened.  If your doctor tells you to stay out of work, get a disability note.  Give a copy of the disability note to your employer; keep a copy for yourself.  A Boston workers compensation lawyer since 1993, I can help you understand the process and your rights to workers comp benefits.

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What would cause my claim to be denied?

Your workers comp claim may be denied if you fail to report injuries promptly or fail to provide your employer with a doctor’s note stating that you are disabled and require medical treatment because of a work injury or work-related illness.  Your claim may be denied if your injury did not occur in the course of your employment.  A common example of this is when a person is injured on their way to work or on their way home.  This is called the “Coming and Going Rule.”  You should contact an experienced workers comp lawyer if your workers comp claim has been denied.  I’ve been helping injured workers and accident victims obtain compensation for their injuries since 1993.

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Am I barred from workers comp if I was at fault?

In most instances, no.

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Can I sue anyone else for a work-related injury?

This is called a third-party suit. If your injury was caused by the negligence of a third party other than another person who is also an employee of the company for which you work, you may have a right to sue that party.

What is no-fault workers compensation?

Some states, like Massachusetts, have no-fault insurance programs that give benefits to employees who suffer job-related injury or illness. In such a program, if you are injured on the job, you receive benefits in exchange for agreeing not to bring a lawsuit against your employer.

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Do I have to be injured at work to receive workers compensation?

No.  As long as you were in the course of your employment at the time of your injury, you are covered even if your injury occurred outside your employer’s place of business.

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What compensation will I receive following a work injury?

In general, benefits include weekly workers comp benefits paid to you, medical expenses, reimbursement for purchase of prescribed medications or medical devices, medical-related travel expenses such as parking and mileage reimbursement and specific compensation for visible scarring or disfigurement limited to the face, neck or hands.

There are three types of weekly workers comp benefits:  temporary total, partial or permanent total.  These benefits are based on your average weekly wage.  For example, temporary total pays you 60 percent of your average weekly wage for up to three years.  Partial benefits are calculated at 60 percent of the difference of your pre-injury average weekly wage and your earning capacity for up to five years and, in some case, four years.  The most you can ever receive in partial benefits is 75 percent of your temporary total weekly rate.  Permanent total pays you 2/3 of your average weekly wage as long as you are disabled due to your work injury.

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Must I see an insurance company doctor, or can I see my own doctor?

The Massachusetts workers comp law allows the insurance company to require you to see a doctor or medical provider who is part of the insurer’s preferred provider group.  After an initial visit with the insurance company doctor, you can be treated by a doctor of your choosing and, generally, switch to another medical professional once.

The insurance company can require you to attend an insurance medical examination (“IME”) with a doctor or medical professional of their choice from time to time.  Usually, workers comp insurers send injured workers to IME’s in order to obtain a report from one of their doctors so the insurer can terminate workers comp benefits.  If you are receiving workers comp and receive a notice to attend an IME, you should contact an experience workers comp lawyer immediately.

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Can I ever sue my employer in court over a work-related injury?

No. The Massachusetts workers comp law is the exclusive remedy for an employee injured at work. However, in cases where the work-related injury was caused by the employer’s serious and willful misconduct, the employee may be entitled to double workers compensation, including medical benefits paid. Such double compensation is paid for by the employer’s workers comp insurer.

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Other articles related to Boston personal injury lawyer:

Boston Auto Accident Attorney — FAQs

Boston Truck Accident FAQs

Boston Construction Accident FAQ