No-one in their right mind wants to end up in hospital after an injury at work, but in some occupations this is a real possibility. Even in what seems to be safe workplaces, a loose carpet or faulty electrical appliance can result in an unwanted and unexpected injury. Boston workers are almost all protected while at work by their employers’ workers’ compensation insurance, so in theory at least they should be able to claim medical expenses and lost earnings regardless of fault. Whatever the circumstances behind the injury, it is a wise move to talk to a workers’ compensation attorney first, before filing a claim. Choosing a Workers’ Comp. Attorney in Boston The Greater Boston Metropolitan area has 4.7million residents, even if the city by itself only has just over 670,000. That means that there is also a large number of licensed attorneys who specialize in workers’ compensation law. It is always best to choose one of the 250 odd attorneys with WC expertise available in Boston, as they understand Massachusetts workers’ compensation law thoroughly and will give you better guidance when contemplating filing a claim. Most WC attorneys also handle personal injury claims if that becomes necessary, too. Common Injuries That Could Occur While Working in Boston. There is a huge range of occupations in Boston and any one of them could be the site of a workplace injury. However some occupations are by their nature or because of the sheer number of employees more at risk than others. Within Boston itself, it may be a surprise to learn that health workers, including those working in hospitals and nursing homes, are more likely to take time off work because of work related illnesses and injuries than workers in any other sector (Bureau of Labor Statistics for 2016*). Nurse assistants, nurses, orderlies, doctors and nursing home or residential care home workers are all at risk of contracting illnesses from the people they treat and look after despite safety precautions. Many of the workers in this industry are also expected to lift heavy loads when maneuvering patients and nursing home residents. Despite technology being available to help with this, many workers often end up with debilitating lower back injuries and spinal injuries because of their workload. How the Workers’ Compensation Procedure Works in Massachusetts It’s good to know that nearly every employee in Massachusetts is insured by law in case of a workplace injury or illness. This type of insurance is no-fault, so you don’t have to prove that your employer was at fault. The procedure is still quite lengthy and you do need to be reminded of the state’s statute of limitations for workers’ comp. claims. Injured or sick workers should inform their employers promptly or risk losing the chance to file for compensation. The claim should be filed with the employer’s insurer as well as the Department of Industrial Accidents (DIA). The insurer is expected to respond to the claim within 14 days of the receipt of the claim. In the event that the claim is rejected, your WC attorney will be of great help as there are various ways you can appeal, although this is often a protracted process. In a very small number of cases you may be denied the opportunity to file a workers’ compensation claim, either because your employer is illegally uninsured or because you are one of a very small number of workers who are not covered by Massachusetts law. In the event that you are injured or become sick at work and believe that your employer was at fault, your only recourse is to file a personal injury claim against your employer. This should be filed with the help of a WC or personal injury attorney at one of Boston’s eight municipal courts, which are open from 8.30 a.m. through to 4.30 p.m. weekdays except public holidays. Use a Free Claim Evaluation to Find a Suitable Boston Based Attorney A Boston based workers’ compensation attorney can be of real help when it comes to filing a workers’ compensation claim, especially if it has to go to appeal. With so many attorneys to choose from it can be hard to make a choice. One way this can be done quite effortlessly is to fill in one of our free claim evaluation forms which are provided below to download or complete online. Additional Resources Workers' Compensation Attorneys in Massachusetts Nurses and Workers' Compensation *Source: bls.gov/iif/oshstate.htm#MA
