How long do I have to file a claim after I am injured?

  Can I settle my case?

  It was my employer’s fault I got hurt. Can’t I sue them?

  Am I entitled to a lump-sum settlement of my case?

  How much are attorneys fees?

Should I hire an attorney to handle my workers compensation case?
In order to be eligible for workers compensation benefits, your case will need to be heard by a conciliator or administrative judge at the Department of Industrial Accidents. The insurance company for your employer will be represented at the Department of Industrial Accidents. You too should have experienced counsel present.

How long do I have to file a claim after I am injured?
Under §41 of Chapter 152, a claim must be filed with the insurer within four years of the date an employee becomes aware of the connection between their disability and their employment. In the case of the death of an employee, the claim must be within four years of death.

Can I settle my case?
Yes. Worker's Compensation cases can resolve by way of a settlement. Settlements are reached after negotiation between the injured worker or his attorney and the insurance company. Under most circumstances, your employer must also agree to the settlement.

It was my employer’s fault I got hurt. Can’t I sue them?
No, if your employer had a valid workers’ compensation insurance policy when you were hurt, you can’t sue. The only way to get payment is to accept the benefits of the workers’ compensation insurance policy.

Am I entitled to a lump-sum settlement of my case?
A lump-sum settlement is allowed but is not mandatory. Any negotiations are strictly voluntary between the injured worker and the insurance company. A judge cannot force the insurance company to settle your case.

How much are attorneys fees in a Workers Compensation claim?
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.

Dealing with the workers' compensation system can be very stressful. You have to deal with the stress of your injury as well as the hassle of dealing with an insurance company, your employer and medical providers. You are probably worried about whether you will receive your benefits and whether you are protecting your rights. You may be having difficulties supporting yourself or your family because of your injury. Contacting the right lawyer can help you address these issues in the way that is best for you. Contact an experienced Workers Compensation attorney now!