work

Free Consultation

Brockton Workers Compensation Lawyers

Serving clients who have been injured on-the-job in Massachusetts

If you are injured on the job or come down with an occupational illness (including emotional or mental illnesses caused by your work) in Brockton or elsewhere in Massachusetts, the state’s workers’ compensation system can provide you with medical benefits, temporary disability payments, and permanent disability payments. The workers’ compensation program is a no-fault system. That means you do not have to prove that your employer was responsible for your injuries – and you can collect benefits even if you were at fault. You do need to prove that your injury or illness is work-related. At The Law Offices of Gerald J. Noonan, we always provide the personalized representation you need. Call our Brockton workers’ compensation lawyers to obtain all the benefits you deserve.

Free Consultation

Do I have to prove fault if I’m injured or become ill while working to obtain workers’ compensation benefits?

You do not have to prove fault to file a workers’ compensation claim. If you are injured, you must notify your employer of your injury. That starts the benefits process. It is a good idea to provide your notification in writing.

If you develop an occupational disease, you have up to four years to file a claim. That time deadline starts after the date that you first became aware of the link between your condition and your work.

The trade-off for not having to prove fault is that you do not receive compensation for pain and suffering and only receive a portion (about 60 percent) of your average weekly wages instead of a full 100 percent. You may be able to recover your full pay and pain and suffering if you are a contractor (not an employee) or if you have a third-party claim (such as a product liability claim against a manufacturer).

You may also file a personal injury claim in the rare event your employer does not have workers’ compensation insurance.

What benefits can injured or ill workers receive in Brockton?

Our Brockton workers’ compensation lawyers demand payment of the following benefits from your employer and/or your employer’s insurance carrier:

  • Medical and hospital services.Your employer has the right to choose the medical provider you see for your first visit. After that visit, you may choose your own provider. Your employer or its insurer also has the right to periodically request that you submit to evaluations conducted by an independent physician. Your benefits include payment for all of your medical care while you seek to maximize your health and all your medical care thereafter to keep your health stable and address any complications.
  • Medical equipment, prescription drugs, and training services.Workers’ comp benefits also pay for medically necessary equipment, prescribed drugs, and vocational or rehabilitation services.
  • Lost income during the period the employee is unable to work.You can get approximately 60 percent of your average weekly wage, which is calculated over the 52 weeks prior to your injury. The amount is capped by the state’s average weekly wage at the time of your injury. The lost income benefit is paid per week, provided the employee remains out of work for six or more full or partial calendar days. The days do not need to be consecutive. Some adjustments may apply. You can receive as many as 156 weeks of benefits (weeks need not be consecutive).
  • Lost income if you can work but earn less at the job you take due to your work injury or illness.You can receive up to a maximum of 75 percent of your weekly total lost income benefits. These benefits can be paid for as many as 260 weeks.
  • Disability benefits if you are permanently disabled from doing any kind of work.The amount you receive can be equal to 66 percent of your average weekly wage (subject to state maximums and minimums). Disability benefits are subject to cost-of-living adjustments. Payments continue for as long as you remain totally disabled.
  • One-time payments for physical disfigurement/scarring or partial disability. You can receive this payment whether or not you work.
  • Survivors’ and dependents’ benefits in the event of a worker’s death due to a work-related injury or illness.These benefits include weekly benefits equal to 66 percent of the worker’s average weekly wage (up to a maximum of the state average weekly wage) or $60 per week for each eligible child if the surviving spouse remarries. When a death occurs, workers’ comp reimburses funeral and burial expenses up to eight times the state average weekly wage.

What are the grounds for denial of a workers’ compensation claim?

Workers’ comp claims can be denied. The most frequent causes of denial are:

  • Filing too late. Please contact us as soon as possible. Generally, you should notify your employer of any workplace accident promptly and file your claim with the Massachusetts Department of Industrial Relations Accidents within the proper timelines. We can explain the precise timelines to you.
  • A pre-existing condition. Employers sometimes try to argue that your health condition is pre-existing and not related to workplace activities.
  • Not work-related. Employers may argue that the injury or condition is not related to work and instead stems from a cause outside of the workplace.
workers

What injuries does workers’ compensation cover?

Workers’ compensation covers all workplace injuries and occupational diseases. In Massachusetts, workers’ compensation also covers emotional and mental disabilities. Some of the common causes of workplace injuries or illnesses our Brockton workers’ compensation lawyers handle include:

How do your Brockton workers’ compensation attorneys fight for injured workers?

At The Law Offices of Gerald J. Noonan, we can help by:

  • Investigating your work accident and injuries to secure evidence for use in your workers’ compensation claim
  • Filing a claim on your behalf with your employer and its workers’ compensation insurer and with the Department of Industrial Accidents, ensuring that your claim paperwork is correctly filled out and complete
  • Helping to secure treatment for your work injury or occupational illness
  • Working with medical, vocational, and financial experts to help build a strong, persuasive argument for your case
  • Aggressively negotiating with your employer and its insurer for a settlement that gives you the workers’ compensation benefits you deserve
  • Representing and advocating for you in hearings before an administrative judge at the DIA

Do you have a workers’ compensation accident lawyer near me in Brockton, Massachusetts?

Yes. We meet work injury clients at our office located at 555 Pleasant Street, Brockton, MA 02301. We also speak with clients by phone and through online conversations. If your injuries prevent you from coming to our office, we can make alternative arrangements.

We’re prepared to fight for all the benefits you deserve and work to ensure you return to work only when you’re healthy.

Boxer Dog

Contact our Brockton workers’ compensation lawyers today

The Law Offices of Gerald J. Noonan understands the strategies employers and their insurance carriers will use to try to deny your claim or reduce your benefits. Our Brockton workers’ compensation lawyers have more than 35 years of experience convincing administrative law judges and insurance companies of the seriousness of your injuries. If you have injuries or an illness due to your job, call us today or fill out our contact form to schedule a free consultation.