If You, Your Relative or a Family Member Has Been Injured or Killed While Working at a Massachusetts Job Site, You Should Call the Boston, MA Workers’ Compensation Lawyer Advocates at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates Today at 617-787-3700.
You Can Also Email Our Massachusetts Workers’ Comp Benefits Attorney Specialists at GilHoyLaw@Hotmail.com.
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Every year in our country, many American workers–unfortunately– suffer serious injuries, and sometimes even wrongful death, because of accidents at work. Unlike injuries that occur outside the scope of an employee’s employment, Massachusetts workers who are injured while working are precluded from pursuing a more usual Massachusetts personal injury negligence claim for pain and suffering, loss of consortium and other non-economic losses and damages, at least against their Massachusetts employers or co-employees. The Massachusetts workers’ compensation statute usually prohibits such an action against a Massachusetts employer, and a workers’ compensation claim is thus the only recourse that is often available to a Massachusetts worker who is injured on the job.
Massachusetts workers’ compensation laws and benefits are structured, with certain limited exceptions, so as to provide the sole remedy against an employer for a Massachusetts employee who is injured while working. When an employee injury occurs in the course of his or her employment, Massachusetts workers’ compensation benefits compensate Massachusetts workers for injuries without regard to fault.
Modern Massachusetts workers’ compensation programs are thus grounded on compromise. Under the system, a Massachusetts employee loses the right to bring a lawsuit against his or her Massachusetts employer for injuries sustained at work due to the employer’s or a co-employee’s negligence, but gets automatic monetary compensation for lost earnings, medical bills and other specific benefits should an accident occur at a job site. Massachusetts employers who participate in the workers’ compensation system do not risk being sued by their employees; however, they are required to have workers’ compensation insurance in place for their employees or a suitable substitute program, such as setting aside sufficient resources for potential claims by their employees or making contributions to government operated compensation funds.
Supporters of workers’ compensation programs, in general, believe that they are successful for various social and economic reasons. Some experts maintain that the costs incurred by Massachusetts employers by paying workers’ compensation benefits are ultimately recouped, in any event, by higher prices for goods and services. Others argue that workers’ compensation costs are, at least in part, paid for by lower wages for employees, but that the trade off for workers is worth it because of the no-fault, automatic nature of benefits. Other experts contend that requiring employers to participate in workers’ compensation programs in Massachusetts, and throughout our country, provides a valuable incentive to employers to create and maintain safe work environments that are free from unreasonably dangerous conditions.
In Massachusetts, workers who are injured while acting within the scope of their employment are permitted to collect worker’s compensation benefits, regardless of whether their negligence was a cause of or contributed to the cause of the accident resulting in their injury. Frequently, injured Massachusetts workers are able to collect medical bill reimbursement, recoup lost wages and earnings, receive disability payments and a percentage of the employee’s average income if the injury entails scars or permanent disfigurement.
All Massachusetts employers are obligated by Massachusetts law to procure worker’s compensation insurance coverage to pay their employees worker’s compensation benefits when they are injured. This state law mandate ensures that all Massachusetts employees will receive at least some financial protection in the event of an unfortunate work-related injury. Massachusetts law also provides severe penalties for Massachusetts employers who do not adhere to this requirement to purchase worker’s compensation insurance, including monetary fines and sometimes even criminal action. In addition, a Massachusetts employer may be strictly liable for all damages suffered by a Massachusetts employee if the employer fails to procure workers’ compensation insurance.
The Massachusetts Department of Industrial Accidents (DIA) is the Massachusetts administrative agency tasked with enforcing Massachusetts worker’s compensation laws and regulations. Among other responsibilities, the DIA makes the determination as to what constitutes an “on the job” injury with respect to individual cases. One of the advantages of the DIA is that it exists and works entirely apart from the Massachusetts civil courts. In that regard, the DIA has its own administrative law judges. This generally helps Massachusetts worker’s compensation claims to be heard and resolved more rapidly than cases within the Massachusetts civil courts system.
If you have been injured on the job, please contact our Boston work injury lawyer experts today at 617-787-3700. The Massachusetts worker’s compensation attorneys at our Boston, MA law firm have rightfully earned an excellent reputation for successfully settling complicated Massachusetts worker’s compensation claims and obtaining high damage awards in proceedings before the DIA.
Massachusetts worker’s compensation claims are frequently complicated because, among other reasons, Massachusetts employers and Massachusetts insurance companies far too often deny legitimate Massachusetts worker’s compensation claims by arguing, for example, that the Massachusetts worker’s injury did not occur within the scope of employment. Even when the employer or Massachusetts insurance company recognizes that a work site injury did take place, they may still try to deny the extent of the employee’s injuries or that the employee was injured at all.
There Are Exceptions to the Exclusivity Provisions of the Massachusetts Workers’ Compensation Laws and a Claim Can Always be Brought by an Injured Massachusetts Worker for Pain and Suffering and Other Money Damages Against a Negligent Third Party.
Massachusetts employers are not precluded under all circumstances from being held civilly liable in a traditional personal injury action when a work site accident injures an employee. If the Massachusetts employer acted in bad faith or is criminally liable for its actions, the employer can, and most likely will, be held responsible and thus liable for the Massachusetts worker’s injuries and damages.
In addition, responsible parties other than the employer are always potentially liable for the injuries and damages suffered by a Massachusetts employee in a third party civil negligence action. When a Massachusetts job site accident is caused by the negligence of someone other than the employer, or by someone who does not work for the same company as the injured Massachusetts employee, a civil lawsuit for money damages can be filed in a Massachusetts civil court against this individual or entity for all damages and injuries suffered, including all non-economic losses. For example, if a Massachusetts construction worker is injured or killed as a result of defective equipment that was used by the employee, a Massachusetts product liability claim can be instituted against the manufacturer of the faulty equipment. Similarly, a Massachusetts contractor or someone else who is in charge of monitoring and ensuring safety at a Massachusetts construction site can be held responsible for all injuries and damages sustained by a non-employee construction site worker arising out of a breach of those duties.
The Occupational Safety and Health Administration (OSHA) regulates safety and health standards for Massachusetts employers and contractors. Massachusetts contractors who fail to adhere to OSHA rules may be found to be financially responsible in a civil lawsuit in a Massachusetts court for breaching the duty of care that they owed under Massachusetts law to construction site workers.
The applicability of Massachusetts workers’ compensation law and Massachusetts worker’s compensation benefits, and the possibility of Massachusetts personal injury claims being brought against responsible third parties other than the employer or co-employees, can be confusing and complex. In the event that you were injured in a Massachusetts construction site accident, it is important that you promptly speak with a knowledgeable Massachusetts construction site accident injury lawyer at 617-787-3700.
The Massachusetts construction accident personal injury attorneys and Massachusetts workers’ compensation attorneys at our Boston, MA law firm can advise you on your best course of action, such as a third party negligence claim or a worker’s compensation action, or both. In that regard, we will help you file a Massachusetts workers’ compensation claim, a Massachusetts personal injury claim, or both, to make sure that you recover the maximum compensation allowed to you under Massachusetts law. Please do not hesitate. Contact one of our Boston workers’ compensation lawyers or Boston accident lawyers today by phone at 617-787-3700 or by email at email@example.com.
For all Massachusetts personal injury claims against third parties arising out of injuries suffered on the job, the first step is to demonstrate that the other party was negligent. The negligence of the other party is proved by showing that they were at fault for the accident, namely that they did something improper, made a mistake or otherwise acted wrongfully in failing to uphold a duty that was owed under the law to the injured person.
Under Massachusetts law, negligence in a personal injury accident can be demonstrated by credible evidence showing that someone behaved carelessly, recklessly, foolishly or otherwise improperly, and that this mistake resulted in injury to another. The at-fault, negligent party is then responsible under Massachusetts law for all of the damages that have resulted from his or her carelessness or error. Settlement negotiations, as to the amount of fair monetary compensation to be paid, and cases in Massachusetts courts, most often involve a dispute over who is at fault for the injuries suffered, namely who was negligent with respect to the Massachusetts accident.
Massachusetts law provides Massachusetts residents, who have been injured in accidents through no fault of their own, with the opportunity to recoup significant money damages for their injuries. Financial renumeration will likely include money damages for your pain and suffering and the recovery of funds to pay for your medical expenses and lost wages. Moreover, individuals who are catastrophically injured and are permanently disabled and unable to return to work, may receive monetary compensation in excess of $1,000,000.00. in some cases. In like fashion, families who have lost a loved one in a Massachusetts wrongful death accident are frequently able to recover substantial wrongful death monetary damages for the loss of the decedent’s future earnings and benefits, in addition to loss of consortium and emotional suffering damages. Engaging one of our expert Massachusetts personal injury lawyers or Massachusetts wrongful death lawyers at the outset of your case to help you may mean the difference between financial devastation and financial security, both now and in your and your family’s later years.
Have You or A Loved One Been Injured? Our Boston, MA Personal Injury Lawyer Professionals Are Trained to Help You. Our Massachusetts Personal Injury Attorney Advocates Have Successfully Obtained Millions of Dollars In Damages For Our Massachusetts Personal Injury Clients.
There is a statute of limitations for most Massachusetts claims which limits the amount of time, under Massachusetts law, that a person can file a personal injury lawsuit in a Massachusetts court. If the time passes, it is too late and the case is lost. It is, therefore, very important that you promptly consult with one of our nationally respected and nationally known Boston personal injury lawyer experts immediately following your personal injury accident to guarantee that no filing deadlines are missed and that you take the appropriate steps to receive fair and just money damages for your Massachusetts injuries.
The Boston, MA law firm of the Law Offices of Gilbert R. Hoy, Jr. and Affiliates is an expert group of Boston, Massachusetts accident injury attorneys from some of the best personal injury law offices in Massachusetts who have been personally chosen by Attorney Gil Hoy because of their skill, compassion and caring for our injured clients, experience and unquestionable expertise. Many of the personal injury accident lawyers who are available to our injured Massachusetts clients through referral agreements have been recognized by rating organizations, such as the Boston Globe and Boston Magazine, as being among the finest personal injury attorneys in Massachusetts and, indeed, the United States. Whatever your Massachusetts personal injury legal issue is, we have a trained Boston, Massachusetts personal injury lawyer professional to assist you.