Workers' Compensation Lawyer in Massachusetts

Were You Injured at Work in Massachusetts?

Massachusetts workers’ compensation law provides benefits to employees who suffer injuries or illnesses arising out of and in the course of their employment, regardless of who was at fault for the accident. These benefits cover medical treatment and a portion of lost wages. When claims are denied or benefits are insufficient, Attorney Jeffrey C. Lavey represents injured workers throughout the appeals process before the Massachusetts Department of Industrial Accidents. He has been doing this for over 37 years.

All consultations are free. You pay nothing unless Attorney Lavey wins your case.

What Workers’ Compensation Benefits Are Available in Massachusetts?

Massachusetts workers’ compensation provides several categories of benefits to injured workers:

• Medical benefits: all reasonable and necessary medical treatment related to your work injury, including emergency care, surgery, physical therapy, prescription medication, and long-term care
• Temporary total incapacity benefits: wage replacement while you are completely unable to work due to your injury, based on a percentage of your average weekly wage
• Partial incapacity benefits: wage replacement if you can return to work at reduced hours or earnings due to your injury
• Permanent and total incapacity benefits: ongoing benefits for workers who are permanently unable to work
• Specific loss benefits: compensation for permanent loss of use of a body part
• Vocational rehabilitation: retraining and job placement assistance for workers who cannot return to their former employment

Attorney Lavey works to make sure every applicable benefit is identified, claimed, and fought for on behalf of each client.

What Types of Workplace Injuries Does Attorney Lavey Handle?

Attorney Jeffrey C. Lavey represents workers injured in a wide range of industries and settings throughout Massachusetts, including:

• Construction accidents: falls from scaffolding, struck-by accidents, equipment failures, electrocution
• Back and neck injuries: the most common work-related injuries, including herniated discs and spinal injuries
• Machinery and equipment accidents: factory, warehouse, and industrial equipment injuries
• Forklift accidents: a leading cause of serious workplace injuries
• Electrocution injuries: from exposed wiring, power line contact, and electrical equipment failures
• Scaffold and ladder falls
• Repetitive stress disorders: carpal tunnel syndrome, tendinitis, and other conditions caused by repetitive motion
• Occupational diseases: conditions caused by exposure to chemicals, dust, or other workplace hazards over time
• Hearing loss caused by workplace noise exposure

What Should You Do After a Workplace Injury in Massachusetts?

1. Report the injury to your employer immediately. Prompt reporting is required under Massachusetts law. Delays can complicate or jeopardize your claim.
2. Seek medical treatment. Get evaluated and treated promptly. Follow all medical advice and attend every appointment: gaps in treatment can be used to reduce benefits.
3. Document the injury and circumstances. Write down what happened, where it occurred, and who witnessed it as soon as possible after the incident.
4. Contact Attorney Lavey before giving any recorded statements to your employer’s workers’ compensation insurer. Their adjusters are not on your side: their goal is to minimize what they pay.
5. Do not return to work prematurely. Returning to work before you are medically cleared can jeopardize both your health and your benefits. Consult your physician and Attorney Lavey before making any decisions about returning to work.

What Happens When a Workers’ Compensation Claim Is Denied?

Workers’ compensation insurers in Massachusetts deny valid claims regularly. Common reasons for denial include disputed causation (arguing the injury was not work-related), claims that the injury was pre-existing, allegations of late reporting, and disputes about the extent of disability. A denial is not the end of the process, it is the beginning of the appeals process.

The Massachusetts Department of Industrial Accidents (DIA) oversees workers’ compensation disputes and provides a formal appeals process. Attorney Lavey represents injured workers at every stage, including conciliation, conference, and formal hearing before a DIA administrative judge. He also handles appeals to the reviewing board and the Massachusetts Appeals Court when necessary.

Can You Sue a Third Party in Addition to Filing a Workers’ Compensation Claim?

Massachusetts workers’ compensation law generally makes your employer immune from personal injury lawsuits for workplace injuries, workers’ compensation benefits are the exclusive remedy against the employer. However, if a third party whose negligence contributed to your injury, such as a contractor, equipment manufacturer, property owner, or another business on the job site, you may be able to pursue a separate personal injury claim against that party in addition to receiving workers’ compensation benefits. Attorney Lavey evaluates both paths in every workplace injury case.

How Does the Massachusetts Workers’ Compensation Process Work?

Understanding the process helps injured workers know what to expect at each stage:

Step 1: Report the injury and file a claim. Report the injury to your employer immediately and in writing. Your employer’s workers’ compensation insurer will receive notice. Attorney Lavey handles all communications with the insurer on your behalf from this point forward.

Step 2: Medical treatment. In Massachusetts, injured workers generally see a doctor selected by the insurer initially, but may have the right to change providers under certain circumstances. Attorney Lavey advises clients on their rights regarding medical treatment choices throughout the process.

Step 3: Benefits payment or denial. The insurer has a limited period to begin paying benefits or formally deny the claim. If denied, the appeals process begins.

Step 4: DIA conciliation. Disputes are first addressed through a conciliation conference at the Massachusetts Department of Industrial Accidents, where a conciliator attempts to resolve the disagreement informally.

Step 5: DIA conference. If conciliation fails, the case proceeds to a conference before a DIA administrative judge, who issues an order that remains in effect during any further appeal.

Step 6: Formal hearing. If the conference order is appealed, the case proceeds to a formal evidentiary hearing before a DIA administrative judge, where both sides present testimony and expert evidence. Attorney Lavey represents clients at every stage of this process.

Step 7: Reviewing board and court appeals. DIA decisions may be appealed to the reviewing board and further to the Massachusetts Appeals Court. Attorney Lavey has experience at every level of the appeals process.

What Are the Most Common Workers’ Compensation Mistakes in Massachusetts?

• Failing to report the injury immediately. Delays in reporting can give the insurer grounds to question whether the injury was actually work-related. Report every injury in writing as soon as it occurs.
• Not following all prescribed medical treatment. Gaps in treatment or failure to follow medical advice give insurers ammunition to argue you were not seriously injured or have recovered.
• Returning to work before medically cleared. Premature return to work can jeopardize both your physical recovery and your ongoing benefits. Do not return without medical clearance and legal guidance.
• Giving a recorded statement to the insurer without counsel. Workers’ compensation insurers are not on your side. Their adjusters are trained to ask questions that minimize or deny claims. Attorney Lavey handles all communications.
• Accepting a lump sum settlement without understanding future needs. A lump sum workers’ compensation settlement is final. Before agreeing to any settlement, Attorney Lavey ensures every future medical and wage need is fully accounted for.

Frequently Asked Questions About Workers’ Compensation in Massachusetts