• If you are disabled from work, you are entitled to receive 60% of the gross average weekly wage you earned prior to your injury. This would include overtime wages, bonuses, as well as wages lost from other Employers, if you held more than one job on the date of your injury. If your injury at work results in a total and permanent disability, you will be eligible to receive 66.67% of your gross average weekly wage, as well as a potential annual cost of living increase. If your injury at work results in a partial disability, and your are unable to earn your pre-accident wages, you may be eligible to receive a weekly partial disability benefit. In this case, you would be entitled to receive 60% of the difference between the wages that you earned before and after your accident at work. You are eligible to receive a partial disability benefit even if you are required to find a different job with a new employer, if your present employer could not accommodate your physical limitations.

• If your injury from work requires you to obtain medical treatment, you have the right to treat with the doctor of your choice. You do not have to treat with a physician assigned by your employer or the Workers Compensation Insurer. It should be noted however, that some employers have what is termed a “ preferred provider agreement”. If your employer has such an agreement, this simply requires you have your initial consultation with your employers preferred medical care provider. After this initial consultation, you are then free to treat with the doctor of your choice. It should also be noted that you have the legal right to be reimbursed for all of your expenses related to your medical treatment. This includes mileage, parking and prescriptions associated with your medical treatment.

• If your injury at work results in a Permanent Loss Of Function, or in certain circumstances Scarring or Bodily Disfigurement, you may be eligible for a monetary benefit for these losses, once it has been determined that you have reached what is termed “an end medical result”.

• If your injury at work was as a result of the Negligence or fault of someone other than yourself, a co-worker or your immediate employer, you may have an additional cause of action, or a “ Third Party Negligence” case. Examples include an automobile accident in the course of your employment, a construction site accident when the General Contractor or a Subcontractor was at fault, or a personal injury from a defective or dangerous product or piece of machinery. In a Third Party Negligence case, a civil cause of action can be filed against the negligent party, and may entitle you to civil damages, including pain and suffering, past, present and future lost wages, medical bills, and payment for loss of companionship or society of your family.

• If your injury results in Total Disability for 12 consecutive months or more,( or is expected to), you may have the right to receive Social Security Disability Benefits, in addition to the benefits you are receiving from the Workers Compensation Insurer.

• If your injury at work results in a permanent inability to perform the essential functions of your job, you may be entitled to Vocational Rehabilitation, which can include job placement, retraining or schooling, paid for by the Workers Compensation Insurer.

• If an injury at work results in the death of the of the injured worker, benefits are payable to the surviving dependants. A surviving spouse is entitled to receive 250 weeks of the deceased employee’s Workers Compensation Benefits, as well as annual cost of living increases. The surviving spouse may be entitled to continue to receive the above mentioned Benefits beyond 250 weeks if the surviving spouse has not remarried or is not fully self-supporting. The Workers Compensation insurer is also obligated to pay for burial expenses that do not exceed $4,000.00.

POTENTIAL LEGAL PROBLEMS YOU MAY HAVE WITH YOUR CASE

• The Workers Compensation Insurer has started to pay you weekly compensation benefits and medical benefits, and you suddenly receive a certified notification advising you that your benefits will be terminated within seven days. You are still under active treatment with your doctor and have not been cleared to return to work. What legal rights do I have?

• The Workers Compensation Insurer is paying you weekly compensation benefits within the first six months of your incapacity ( “ Pay Without Prejudice Period “), and you suddenly receive a form in the mail from the Insurance Company requesting that you extend this period for an additional six months. What is the legal significance of this form ? Do I have to sign this document ? Will my compensation benefits be terminated if I refuse to sign ? Am I guaranteed to receive my benefits for the next six months if I do sign the document ?

• The Workers Compensation Insurer has scheduled a medical examination with one their doctors( ‘Independent Medical Exam” ). Do I have to attend this examination ? The Insurance Company doctor has cleared me to return to work, but my doctor, disagrees with this medical opinion. Am I required to follow the advise or opinion of the Insurance Company doctor ? What will happen to my entitlement to receive benefits if I refuse to follow the advice of the Insurance Company doctor?

• My doctor has cleared me to return to work with medical limitations or restrictions ( for example, “ no heavy lifting, or no repetitive bending, stooping or kneeling”); or my doctor has released me to return to work on a part-time light duty basis. Am I legally required to return to work ? Is my employer legally required to provide me with a light duty or part-time job that is consistent with the limitations specified by my doctor ? What are my legal rights if my employer cannot accommodate my physical limitations ? Can the Workers Compensation Insurer terminate or reduce my benefits if my employer claims to have no light duty work available ? If my employer has no light duty available, can I find light duty work elsewhere, and still receive a weekly compensation benefit from the Workers Compensation Insurer ?

• My doctor or the Insurance Company doctor has released me to return to light duty work, and my employer claims to have no light duty work available. Because of my injury I am unable to find light duty work with another employer. Despite having no ability to obtain light duty work, the Workers Compensation Insurer has terminated or reduced my weekly compensation benefits. Can the Workers Compensation Insurer legally terminate or reduce my benefits ? Can the Workers Compensation Insurer force me to apply for Unemployment Benefits ? If I do receive Unemployment Benefits, what effect does this have upon my rights to receive Workers Compensation benefits?

• My doctor has requested that I undergo a certain course of medical treatment or surgery, and the Workers Compensation insurer refuses to pay for the treatment. What legal rights do I have ? The Workers Compensation Insurer claims that my medical condition and/or need for treatment is not related to my accident at work, and refuses to pay for the treatment recommended by my doctor. What legal rights do I have ?

ATTORNEYS FEES
Under the Massachusetts Worker’s Compensation Statute, the vast majority of attorneys fees are paid by the Worker’s Compensation Insurer. If you are required to retain an attorney to either obtain benefits the Insurer is refusing to pay, or to defend an action of the Insurer who is attempting to reduce or terminate your benefits, it is the legal obligation of the Insurer to pay the attorneys legal fee. If your Workers Compensation case is resolved by lump sum settlement, an attorney may charge a fee equal to 20% of the gross settlement.

Call Kantrovitz & Associates today to have your Workers Compensation situation evaluated and to preserve your rights under the law. We can be reached at 800-367-0871 or contact us via email at info@kantrovitzlaw.com.

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