Home purchases and work injuries often entail considerable expenses. When most people buy residential property, they expect to live in the home for some time. Where they choose to buy and the condition of the home they buy can make a big difference to their quality of life down the road. Similarly, if you have been seriously injured or made sick on the job, your life may change dramatically for years to come. At Pulgini & Norton, our Suffolk County real estate attorneys can help make sure that you understand the consequences of any property transactions. We also can guide you through the process of making a workers’ compensation claim or appealing a denial.Pursuing Benefits after a Workplace Accident
Once your workers' compensation claim is submitted, your employer's insurer will investigate it. In some cases, a claimant starts to receive benefits right away. This should not be taken as an admission of liability because there is a pay-without-prejudice period, during which time the insurer continues to investigate. However, if the insurer denies your claim, it will send you a Form 104, which specifies why the insurer is fully or partially denying your claim. After you receive this form, you have a limited window of time within which to appeal the insurer's decision.
To appeal the decision, you will have to submit your claim to the Department of Industrial Accidents (DIA), which administers the workers' compensation system. There, the claim moves through a multi-stage process to achieve resolution. If you are submitting a claim, it is wise to consult an attorney. An insurer has experienced attorneys who understand the law and how to manipulate it, and it is important to have an attorney of your own to be on equal footing before the administrative law judges at the DIA.
When you submit your claim to the DIA, you will have to provide documentation such as your medical records, bills, and time off work. The first step, however, is conciliation. This is an informal proceeding in which you, the insurer, and your attorneys sit down and try to come to some sort of voluntary agreement about benefits. A conciliator will facilitate the process, but he or she has no authority to make any decisions, unless you and the insurer agree. If the case does not resolve at this point, the conciliator refers the matter to the next step, which is a conference.Disclosures and Inspections in Property Transactions
In Massachusetts, a seller does not have a substantial duty to disclose information to a potential buyer of a home. However, brokers and real estate salespeople are required to give the buyer a home inspection brochure at the signing of the first contract, and brokers need to disclose facts that would influence a prospective buyer not to buy.
It is crucial for a homebuyer to retain a home inspector and, in some cases, any other necessary inspectors. A home inspection by itself is limited. The inspector cannot access underground items or report on microorganisms. Mainly, the inspector will look at what is visually accessible and any problems that are suspected that may need further inspection, such as structural elements or mold.Suffolk County Attorneys for Workers’ Compensation or Real Estate Matters
If you suffer an injury at your workplace, the Suffolk County workers' compensation lawyers at Pulgini & Norton may be able to help you. We also can provide representation to people seeking to buy or sell a home. Call us at 781-843-2200 or contact us via our online form for a free consultation.