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Boston Workers Compensation
Attorneys
Kantrovitz & Associates
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Welcome to the Workers’
Compensation homepage for Kantrovitz & Associates. If you are an employee who
has been injured during the course of performing your job, you are entitled to
receive workers’ compensation benefits. Whether you suffer from physical,
emotional, mental disabilities or occupational-related disease, your employer
provided insurance should provide financial support during your convalescence.
Workers’ Compensation benefits may include lost wages, medical expenses, and
vocational rehabilitation costs. The amount that you receive depends on factors
such as your average weekly wage and your degree of incapacitation. Kantrovitz
& Associates lawyers have the expertise to prepare a case to prove that you are
entitled to receive Workers’ Compensation benefits. Our attorneys are committed
to protecting your rights, aiding in your quest for fair workers’ benefits, and
easing your financial burden.
The Boston, Massachusetts’ Workers’
Compensation system was designed to ensure that employers provide insurance to
financially assist employees who become injured or disabled on the job. It is
the responsibility of all private sector employers to purchase workers’
compensation insurance for every employee. This coverage must begin from a
worker’s first day on the job (except for seasonal, casual and part-time
domestic workers). Employers who fail to insure are liable for both criminal
and civil offenses.
For a limited number of weeks, this “no fault”
insurance provides a portion of a worker’s pay based on their weekly wages and
state averages. Dependants of employees killed in work-related accidents are
also eligible for benefits. In exchange for employer provided Workers’
Compensation “protection”, you sacrifice your right to file suit against
co-workers and employers for negligence. However, you can file a civil suit
against a third party if your injury is the fault of someone other than
yourself, a coworker or your immediate employer. For example, negligence would
be a defective product that contributed to your injury, or if you were hurt in a
vehicle accident while on the job. In these cases, you may be able to recoup
not only medical expenses and wages, you may also receive civil damages that
include pain and suffering, past/present/future lost income, medical bills and
other damages.
Employee supplemental benefits are determined by several
factors including your average weekly wage (AWW), state average weekly wage, and
your degree of disability. The following are general guidelines under which you
are eligible to receive Workers’ Compensation:
Temporary total
disability – 60% of average weekly wage (AWW) prior to injury for up to 156
weeks.
Partial disability – 60% of the
difference between the AWW prior to injury and the weekly wage earning
capacity after injury. Maximum benefit period is 260 weeks, but may be
extended to 520 weeks.
Permanent and total incapacity
– payments equal 2/3 of AWW after temporary and partial payments have been
exhausted.
Death benefits for dependents –
widows or widowers who remain unmarried shall receive 2/3 of the worker’s AWW,
but not more than the state’s AWW. Six dollars per week will be provided for
each child under 18. Burial expenses are also available.
Subsequent injury – a previously
injured employee who has received compensation and has returned to work for
two months or more and is subsequently reinjured is eligible to receive
compensation.
If you have been
injured at work, require medical care and have been unable to earn your full
wages for five or more days, you are entitled to Workers’ Compensation
payments. Unfortunately, it is not always easy to obtain benefits. There are
several circumstances where it is particularly important that you contact an
attorney for assistance.
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An employer has denied that you were
injured while on the job,
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You have been refused medical
treatment,
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You have received a Notice of Denial
from the insurance company,
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Compensation was promised but has not
materialized,
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You are without income,
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An employer or insurance company has
requested your deposition,
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Your employer does not carry
compensation insurance,
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A third party has caused your
accident.
The Division of Industrial
Accidents (DIA) manages the compensation system and a commissioner, 21 trail
judges and six appeals judges have been appointed by the Governor to serve in
the organization. Do you have the expertise and confidence to present your
claim before this audience? Preparing the proper documentation and witness
interviews are time consuming and complicated – do you have the resources and
wherewithal to invest in these activities? A Kantrovitz & Associates attorney
does. We have the credentials, skill and knowledge of Boston, Massachusetts workers
compensation laws and your rights. We will be your representative, your coach
and your confidant.
Obviously, there are more details and requirements
within each of these categories of benefits. Only experienced counsel can
advise you of the appropriate course of action to increase the probability of
winning your claim. Your attorney can also provide information on the ways that
claims can be settled including arbitration, mediation, and collective
bargaining. Again, a competent attorney will develop a strategy to ensure the
best results in your claim. It is important to remember that if you retain an
attorney because you have been denied benefits or face a change in benefits,
that Massachusetts law states that the majority of attorneys’ fees will be paid
by the Workers’ Compensation Insurer.
Call Kantrovitz & Associates today
for an assessment of your Worker’s Compensation case. Should you become our
client, you will receive responsive and quality legal services throughout the
claims process. With our attorneys as your representative, you can confront
this complex process with dignity and confidence. We can be reached at
(800) 565-3370 or contact us via email at
info@kantrovitzlaw.com.
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