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Our aggressive workers’ compensation attorneys represent clients throughout Boston and the greater Massachusetts and New Hampshire areas. With over 101 combined years of experience, we protect and defend employees’ rights to financial compensation for injuries incurred on the worksite. We want clients to focus on healing their injuries while we handle the formalities. Receive a confidential consultation now.
At DiFruscia Law Offices, we recognize that clients have concerns in relation to job security, financial security, anxiety for the medical outcome of your workplace injury, and the process of filing claims. Being proactive in determining your medical restrictions and ensuring the proper paperwork trail helps solidify the compensation you deserve. We are uncompromising on your workers’ compensation rights; start your claim process here.
Our areas of expertise for workers comp include:
- Auto accidents on the job
- Slip and falls
- Illness related to job stress
- Back injuries from handling heavy loads
- Carpal Tunnel Syndrome from data entry
- Loss of senses, including eyesight and hearing
- Burn accidents
- Elevator or escalator accidents
- Heavy machinery accidents
- Farming accidents
- Exposure to toxic substances on the job
- Industrial and manufacturing accidents
- Construction site accidents
- Unemployment benefits and appeals
- Wrongful death
If you have been injured on the job, you could be entitled to one or more of the following workers’ compensation benefits:
- Workers’ Comp payment — 60% of your average weekly wage (52-week period prior to accident)
- Compensation if you can return to work but have limitations (partial disability)
- Compensation if you are unable to return to work (total disability)
- Medical bills
- Permanent impairment
- Physical therapy
- Pain management surgery
- Scarring and disfigurement
What to expect with a worker’s compensation dispute claim:
- Conciliation: The filing of paperwork begins the dispute process and sets up an official conference date. During this meeting, an attempt will be made to come to a voluntary agreement between you and the insurer.
- Conference: An informal legal proceeding in front of a judge details the case including submission of medical exams, wage statements and affidavits of witnesses.
- Hearing: A formal legal proceeding with the judge. This includes cross examination of witnesses, sworn in testimony and a decision if benefits are to be awarded.
We’ve been trusted in the community for over 50 years, and we are proud to have fought for our clients’ benefits and won them the workers’ compensation settlements they deserve. Everyone deserves the right to seek help; find out how we can help you here.
Frequently Asked Questions On Workers’ Compensation:
What is workers’ compensation?
Workers’ compensation is a form of insurance that replaces wage payments and medical benefits to employees injured during the course of employment in exchange for a relinquishment of the employees’ right to sue their employer for the tort of negligence. An employer-employee relationship must be established to recover workers’ compensation benefits, and the injury must be an “on-the-job” injury, meaning the damage occurred during the course of employment. Fault is not a factor for recovery.
What, generally, are the benefits of workers’ compensation?
Workers’ compensation benefits replace some of your preinjury wage. Benefits may also include compensation for your medical and vocational rehabilitation charges.
In Massachusetts, recovery is usually 60% of your average weekly wage (the average earnings in a 52-week period prior to the accident) (MAGL 152).
New Hampshire calculates the injured employee’s average weekly wage using the method most favorable to them from below (RSA 281-A:15):
i. Divide the gross earnings of the injured employee during the preceding 26 weeks by that number of weeks; or
ii. Divide the gross earnings of the injured employee during a period exceeding 26 weeks but not exceeding 52 weeks by the appropriate number of weeks; or
iii. If, by reason of the shortness of time during which the employee has been in the employment of the employer or because of the nature or term of the employment, it is inequitable to compute the average weekly wage using the methods above, regard may be had to: the rate of pay designated in the injured employee’s agreement of employment; or the gross earnings of persons in the same grade employed at the same work by the same employer; or by persons of the same grade employed in the same class in the same locality.
iv. Note: When the injured employee is employed at the date of injury by two or more employers, “average weekly wages” shall be computed on the basis of the weekly wages received by the employee from all such employers at the time of the injury.
What are the limits of workers’ compensation?
New Hampshire limits the total weeks injured employees may collect benefits (RSA 281-A:15):
i. Total Disability: no time limit to collect benefits
ii. Partial Disability (can perform some work but not earn as much as before the injury): you may not collect more than 262 weeks of workers’ comp benefits
Massachusetts limits the total weeks an injured employee may collect workers’ compensation benefits.
i. Total Incapacity: the total number of weeks insurer must pay cannot exceed 156 (Ch. 152 §34)
ii. Partial Incapacity: the total number of weeks shall not exceed 260 weeks (§35)
The weeks to collect for total and partial incapacity combined is about five years.
iii. Permanent Incapacity: the insurer shall pay the injured employee 60%, plus 2/3, of their average weekly earnings for a 52-week period prior to the accident (as in §§ 34-35)
Permanent incapacity means the injured person has no future earning capacity and may collect workers’ compensation benefits until they die.
I am injured on the job, and now my boss wants to fire me. Can this be done?
Unfortunately, your boss is not required to hold your job while you are receiving workers’ compensation. Although some injured employees will be able to return to their former job, others may return to their former employer for the same position or be forced to pursue a different opportunity.
Will there be a trial?
Workers’ compensation cases are generally settled outside of court. Although not entitled as a matter of law, settlement without trial is, practically speaking, the typical method of resolution for these cases.
DISCLAIMER: This does not constitute legal advice and nothing herein establishes an attorney-client relationship. Each case is different and unique. Please note that a small fact can change the above-expressed opinions, along with any current changes in the law.