Best Workers Compensation Attorneys in Brockton

FAQs

• What is the non-emergency contact number for the local police station in Brockton, Massachusetts?

  508-941-0200 is Brockton Police Department's non-emergency contact number.

• Where can I get a copy of police report for incidents related to my case in Brockton, Massachusetts?

  To obtain a copy of a police report, you can either visit the Records division of the Brockton Police Department at 7 Commercial St, Brockton, MA 02302 or request the document by calling them at 508-941-0208 or sending an email to records@brocktonpolice.com.

• Can you file a lawsuit against your employer in Brockton if you were injured at work?

  The Massachusetts workers' compensation system is a no-fault system, meaning injured employees in Brockton cannot sue their employer but can still receive benefits without proving employer negligence. However, if the employer committed a serious and willful misconduct, the employee may sue, but this is difficult to prove. The no-fault protection only applies to employers, and if a third party is responsible for the injury, a separate lawsuit can be filed against them.

• Is it possible for independent contractor to pursue a workers' compensation claim in Brockton?

  In Brockton, independent contractors are excluded from the workers' compensation system. Employers must pass a three-part test, known as the ABC test, to demonstrate that the victim is an independent contractor. The victim must work independently, perform work beyond the employer's typical business, and has his or her own separate enterprise.

• What are the procedures for filing a Brockton workers' compensation claim?

  Generally, when you inform your employer in Brockton about your accident, they must complete and send Form 101 to their insurance provider, which is also known as the "Employer's First Report of Injury or Fatality" form. The insurance provider might look into your claim, and they'll decide whether or not you'll get paid. Employers may face fines if they fail to submit these forms. Additionally, you may need to personally inform your employer's insurance company and the Department of Industrial Accidents about your injuries with the help of a qualified workers' compensation attorney.

• How can you obtain additional compensation for your work injury in Brockton?

  If you get severely injured while working in Brockton, you could potentially be entitled to extra compensation, beyond the standard workers' compensation benefits, if the injury is caused by a third party rather than your employer. This is called a third-party negligence lawsuit. A third-party negligence lawsuit can offer you full compensation, including 100% recovery of past and future lost wages and compensation for pain and suffering brought on by the third party's negligence. This is in contrast to workers' compensation benefits, which offer limited wage loss compensation and do not cover pain and suffering.

• Are you eligible for workers' compensation benefits if you get injured while on a business trip?

  If you are required by your employer in Brockton to travel away from your home or usual workplace, particularly on overnight trips, you are essentially covered 24/7, as you are considered to be on a special work-related errand for the entire day. This means that even if you are socializing after work hours, any injuries you sustain during the trip may be covered by your employer, even if those same injuries would not be covered under other circumstances.

• What does a workers’ compensation attorney do?

  Workers’ compensation attorneys help injured employees recover monetary benefits following workplace accidents and illnesses. Attorneys in this practice area provide legal advice, gather evidence, review medical records, prepare petitions, and negotiate insurance settlements. They also represent clients’ interests during court cases and administrative hearings overseen by state workers’ compensation boards.

• What are the benefits of filing a workers’ compensation claim?

  Workers’ compensation insurance gives employees access to vital cash benefits in case of workplace injuries or illnesses. Filing a claim can help injured workers pay for medical care, physical therapy, and essential living expenses while they recover from a temporary or permanent disability. Workers’ compensation also pays for funeral and burial expenses following fatal workplace injuries.

• How long does a workers’ compensation claim stay open?

  Workers’ compensation claims typically remain open as long as the individual is receiving treatment or until the injured party reaches maximum medical improvement. This milestone varies for each person, and it can take years to determine whether a disability is temporary or permanent. Additionally, there’s a fixed time limit for filing a lawsuit. The statute of limitations can be anywhere from six months to two years from the date of the injury or the date of the last payment, depending on the worker’s state of residence. A qualified attorney can explain your state’s specific rules.

• What is the average payout for a workers’ compensation claim?

  Nationally, the average workers’ compensation claimant receives $21,800. Payouts range from $2,000 on the low end to upwards of $60,000 for well-compensated workers in high-income areas. The exact amount depends on the claimant’s average weekly paycheck, the extent of the injuries, and their state of residence. Individuals who accept an insurance settlement or initial offer typically receive less than those who negotiate or have an attorney represent them before an arbitrator or workers’ compensation judge.

• How are settlements calculated in workers’ compensation cases?

  Settlements typically cover current and future medical expenses, vocational rehabilitation or retraining, and two-thirds of lost wages. The total amount may vary depending on whether the worker’s disability is temporary or permanent. Workers’ compensation also pays death benefits, including funeral expenses and two-thirds of wages for up to 25 years or a state-specified maximum.

• What is workers comp?

  Workers' compensation is an insurance program that provides medical care, rehabilitation, and other benefits for employees who are injured or fall ill while performing assigned work duties. Common reasons for filing a workers' comp claim include slip and fall injuries, machinery accidents, or muscle strains while lifting heavy items.

  All businesses must carry some form of workers' compensation insurance, with minimum guidelines imposed by the state of residence. Workers' comp is intended to safeguard both the employee and the employer by providing a social safety net. This can protect companies from civil suits and guarantee that injured employees receive the benefits they need.

• What does workers comp cover?

  Workers' compensation insurance covers benefits associated with a wide range of accidents and illnesses that may occur in a place of work. This can include:

  • Medical benefits, such as payments for treatments, hospitalizations, or surgeries
  • Compensation for lost wages while not working
  • Coverage for ongoing care, such as physical therapy
  • Continued access to benefits, including insurance provided through an employer
  • Disability benefits, if an injury results in a permanent loss of functioning in some manner
  • Death benefits and funeral expense coverage

  How and when workers' compensation coverage applies depends on the illness or injury in question and the results of a medical exam. An unsatisfactory ruling by an insurer can be appealed with help from a workers' comp attorney.

  
  

• What does a workers comp defense attorney do?

  A workers' compensation defense attorney is a legal professional who represents the employer in a workers’ comp case. Typically, the defense attorney works to minimize the employer’s liability and reduce the amount of benefits to be paid out.

• When does workers comp start paying?

  How and when workers' comp starts paying can depend on both the circumstances and the state in which an injury took place. In most areas, benefits related to medical care start paying out immediately, even before a claim is formally processed or accepted. Once a case is approved, injured workers may be entitled to other benefits, including coverage for lost wages.

• How much is workers comp insurance for self-employed people?

  Workers' compensation isn't required for self-employed individuals, but those working in dangerous industries, such as construction or manufacturing, may choose to purchase policies. In some cases, employers may request this coverage when hiring a contractor. While costs will vary based on industry and location, most freelancers can expect to pay around $25 to $50 per month.

• How do I file a workers comp claim?

  A workers' comp claim is best filed as soon as an injury occurs. In some states, there are time limits, such as one month following an incident.

  After an injury, an employee must notify their employer. The employer must then provide access to the necessary forms and offer guidance. Employees must fill out all forms and return them to the employer who then files them with the insurer. Some states have additional requirements, including assessment by a medical provider. Once the paperwork has been filed, the insurance provider issues a ruling. If the ruling is unfavorable, the employee may choose to appeal the decision with the support of an attorney.