Newton Workers' Compensation

High Angle View Of Young Businesswoman Fainted On Floor In OfficeLegal Guidance for Victims of Workplace Accidents in Newton

The Massachusetts workers' compensation system was designed to make it possible for injured employees to recover compensation and other benefits without proving fault. Injured employees are not allowed to sue their employers for negligence, but their employers are required to carry workers' compensation insurance in case of an on-the-job accident or illness. If you suffer job-related injuries in Newton or the surrounding communities, the experienced workers' compensation attorneys at Pulgini & Norton may be able to help you pursue benefits.

Asserting Your Right to Benefits

You can potentially recover workers' compensation benefits in most cases even if the injury you suffered was partially your fault. Benefits you may be able to recover include medical expenses, lost wages, disfigurement, and vocational rehabilitation. The amount of your benefits depends in part on your average weekly wage before the injury and the degree to which you are disabled. A disability may be total or partial, and it may be temporary or permanent. In a personal injury action, you might be able to recover pain and suffering and other noneconomic damages. These are not available under the workers' compensation system, even if your injuries are catastrophic.

If an insurer denies your claim in Massachusetts, it will need to provide you with a Notification of Denial by certified mail, explaining the reason for the denial. You can appeal the insurer's denial to the Massachusetts Department of Industrial Accidents (DIA). To appeal, you will need to gather and submit all your medical evidence and send the evidence as well as a completed Form 110 to the DIA.

There are five levels to the appeals process. The first is conciliation, which is an informal meeting between you, the insurer, and your attorneys. A conciliator runs it. If all parties are happy with the outcome of the conciliation, the decision reached at the conciliation will become binding. Otherwise, you move on to the next step, which is a conference. Like the conciliation, the conference is informal, but an administrative judge will review the evidence and reach a decision. Either you or the insurer can appeal the conference order.

The next levels are formal. First is a formal hearing, which involves the presentation of evidence, including testimony about the accident and medical treatment. As in a trial in civil court, your attorney and the insurer's attorney may cross-examine witnesses. If either you or the insurer is unhappy about the judge's order, the decision can be appealed within 30 days. The Reviewing Board will review the case without looking at any more evidence. There are a limited number of circumstances in which a reviewing board will overturn the judge's decision. However, if you do not agree with the reviewing board, you can appeal to the Massachusetts Court of Appeals.

Enlist a Newton Attorney for a Workers’ Compensation Claim

Newton is a city in Middlesex County, Massachusetts. Due to the short distance between them, many workers commute to Boston from Newton. Three types of mass transit run between the cities: commuter rail, bus service, and light rail. If you suffer a job-related injury in Newton, you can consult the workplace accident lawyers at Pulgini & Norton. Call us at 781-843-2200 or contact us via our online form for a consultation.