WORKERS’ COMPENSATION LAWYER IN LAWRENCE, ANDOVER & BOSTON, MA
Providing Clients with Personalized Attention
Robert E. Frawley has been providing clients with personalized attention for more than 20 years. His complete dedication to representing clients with full-service legal assistance sets him apart and ensures you are treated like you deserve to be.
We manage a low caseload to be able to dedicate all our professional energy and effort on every single case. With us on your side, your case will take absolute precedence and we will fight as hard as we must for the compensation you may deserve, depending on the circumstances of your case.
With extensive experience as an insurance adjuster, Robert knows from first-hand experience how insurance companies go out of their way to deny claims. This gives him an advantage very few workers’ compensation lawyers in Massachusetts possess.
Contact us today to set up a free consultation where we can examine your case thoroughly and advise you about the best way to move forward.
Free Consultation
At the Law Offices of Robert E. Frawley, we know how devastating a work-related accident or illness can be. Injured workers deserve to get necessary medical care and benefits for living expenses during the time they need to recover. You should not have to worry about being denied workers’ compensation on top of your injuries.
One of the main things that keeps some injured workers from contacting a workers’ comp attorney after suffering an accident or illness at work is fear of having to spend money they do not have.
You do not have to worry about any costs at all until your claim is settled favorably, depending on the facts.
What’s more, you do not have to pay us to take a thorough and professional look at your case to determine what can be done.
We will provide you with a free consultation where you will get professional insight into what you are dealing with and what to possibly expect from your employers’ insurance company.
Call us now at 617-523-2929 to schedule a free consultation. The sooner you do so, the faster we can give you personalized legal assistance you can count on!
No Fee Policy
Our highly skilled and experienced legal team at the Law Offices of Robert E. Frawley are passionate about getting clients the benefits they desperately need for medical care and other expenses. From the beginning to the conclusion of your workers’ comp case, we will advocate for you and stand up to the insurance company over any unjust decisions.
Legal fees for workers’ comp cases in Massachusetts can range from 15% to 20% when a settlement is reached. This amount is set by the state but you will not have to worry about this since our no fee policy guarantees no cost to you unless we obtain compensation through a settlement, verdict, or award.
This ensures you do not have to worry about spending savings, borrowing money, or even selling off property for legal costs. If your claim is successful, your employer’s workers’ comp insurer pays your legal fees. If a settlement is reached, legal fees are deducted from the agreed amount.
About Worker’s Compensation Law in Massachusetts
Robert E. Frawley has dedicated more than two decades of hard work and has gone out of his way to obtain the maximum benefits possible for workers who get seriously hurt on the job.
Although there are some exceptions, most employers must legally provide workers’ compensation insurance for their workers. Failure to do this can result in severe penalties.
If you were hurt while performing your job, you may be eligible for workers’ comp benefits. This holds true even if you are partially to blame for the incident.
In Massachusetts, the Department of Industrial Accidents handles workers’ comp matters. They also oversee appeals after a claim is denied. Although injured workers can appeal a denial on their own, it is by far more advantageous to have an experienced workers’ comp lawyer on your side.
What Types of Workplace Accidents Can Result in Eligibility for Workers’ Comp?
Although a lot of workers have to deal with dangerous situations while performing day-to-day job duties, you do not necessarily have to be in a dangerous profession to get seriously hurt at work.
Some common types of job-related accidents that can leave workers so injured that they can no longer work include:
- Construction Accidents
Construction is considered to be one of the most dangerous professions. According to the U.S. Bureau of Labor Statistics, slips, trips, and falls resulted in injuries and illnesses in 31.4 incidents per 10,000 full-time construction workers in 2020. Construction workers are also often hit by heavy objects and face other dangers. - Lifting Accidents
These types of accidents are very common where workers have to regularly lift heavy objects. Often, the worker experiences back pain so severely that he or she is no longer able to perform regular job duties. - Slips and Falls
Slips and falls happen not just on construction sites but at other employment facilities as well. Any wet surface that is not cleaned up immediately poses a danger to workers. These accidents often result in severe back injuries with lingering pain that can last years. - Carpal Tunnel Syndrome
Carpal tunnel syndrome is the result of constant pressure on the median nerve, leading to numbness, tingling, weakness, and other issues with workers’ hands. Carpal tunnel syndrome can develop from constantly using a computer keyboard for work assignments. But workers who handle power tools that vibrate excessively and even just plain screwdrivers can experience symptoms of carpal tunnel syndrome too. - Office Accidents
Although workplace accidents are more common in dangerous professions such as construction, office workers can suffer severe injuries as well. Some examples include slipping on a wet floor or being hit by a falling object from a shelf. - Wrongful Death Claims
Unfortunately, some workplace accidents are so serious that they lead to death. We know that the loss of a spouse, child, or other family member is tragic and devastating. Aside from the emotional impact, there is also economic loss for surviving family members.
If your loved one died as a result of an incident while working that could have been prevented had there not been carelessness or recklessness, we may be able to recover workers’ compensation death and spousal benefits on your behalf. - Other Work-Related Accidents
Other accidents workers might be exposed to at the workplace include exposure to harmful chemicals or substances, burns from being exposed to fire or extreme heat, electrocution, accidents involving heavy machinery, workplace violence, and more.
What Workers’ Compensation Benefits Am I Entitled to?
No one starts their workday thinking they will be seriously hurt, but these things often happen due to negligence. Most workplace accidents are minor so employees do not need to take any time off at all. However, some workers are injured to the extent that they can no longer perform job duties effectively or even at all.
When this happens, workers begin to wonder what benefits they are entitled to.
Workers’ compensation benefits are intended to come to the rescue of workers who have been injured on the job and are no longer able to work. This includes expenses for necessary and reasonable medical care as well as a percentage of weekly wages lost because of total or partial disability.
Workers’ compensation also covers expenses for medical equipment such as crutches or a wheelchair (when necessary) and vocational retraining to help people get back to work. Death benefits and funeral costs are an option when a workplace accident results in a fatality.
Although the majority of workers’ comp cases are simple and straightforward, a serious injury and other factors can complicate matters. In this situation, getting help from an experienced Massachusetts workers’ comp attorney can make the difference between getting the benefits you may deserve or not.
Let’s take a closer look at these benefits.
Temporary Total Disability Benefits
Under this category of workers’ comp benefits, workers are entitled to 60% of their average weekly pay prior to the accident.
Your average weekly salary will be calculated by adding your last 52 weekly wages and dividing them by 52, then that amount is multiplied by .60.
For example, if your average weekly wage comes out to $1,000, you would get $600 per week in benefits.
These benefits may be granted for a period of up to 156 weeks or 3 years.
Temporary Partial Disability Benefits
Employees who lose part of their earning capacity due to a work-related injury or illness qualify for temporary partial disability benefits. The amount is also calculated at 60% of an injured worker’s average weekly salary.
These benefits can last up to 260 weeks or five years. It is important to note that workers who collect a combination of total and partial disability cannot do so for more than seven years altogether. So if you get total disability benefits for 3 years, you can only get partial disability benefits for another 4 years.
Permanent and Total Disability Benefits
Injured workers who qualify for permanent and total disability benefits may receive them for as long as they are disabled. Again, this will be 60% of their average weekly earnings based on the 52 weeks before they were injured.
Benefits for Permanent Loss of Function and Disfigurement
An injured worker who suffers a permanent loss of specific functions, scarring or disfigurement may qualify for a one-time payment (on top of benefits for lost wages) based on the severity of their injuries.
Medical Benefits
Having been injured on the job, you have a right to medical benefits for as long as they are needed and as long as they are reasonable.
However, insurance companies often deny or stop these benefits, claiming that they are no longer necessary. Appealing such a negative decision can be done more effectively with proper legal guidance from an employment attorney in Massachusetts.
Death Benefits
When a workplace accident results in the death of the worker in question, surviving family members may be able to claim death benefits, including burial expenses.
Pain and Suffering Benefits
Although it is clear that severe injuries on the job will cause victims a lot of pain and suffering, workers’ comp does not offer benefits for this.
However, at the law offices of Robert E. Frawley, we can help you file a personal injury claim to address this issue.
What Do I Have to Do to Get Workers’ Comp Benefits?
Being approved for workers’ comp benefits quickly is important, especially since being hurt and out of work for a long time means bills will start piling up. What you do right after an injury at work is crucial to resolving your workers’ compensation claim as fast as possible.
Here is what you need to do:
- Get Medical Attention
After a work-related accident, the most important thing is to get proper medical assistance. This must be done through an authorized medical provider. However, injured workers can and should go to the nearest medical provider (even one not authorized) in case of an emergency. - Report the Incident
One of the things that often complicates workers’ comp cases is that injured workers fail to report the incident in a timely manner. Waiting to do so can lead employers and/or insurance companies to suspect fraud.
Once you have gotten the medical attention you require, inform the human resources department or another person in charge of these matters about your accident or illness. In most cases, doing this verbally might be OK but it is better to do it in writing in case of legal issues down the road. - Witness Information
One of the most common types of fraud in workers’ comp cases has to do with injuries that happened outside of the workplace and working hours. For instance, some employees who get hurt at home later claim that it happened at work.
A lack of witnesses can be a red flag to insurers who might suspect this type of fraud. If there are any witnesses, make sure to get their names and contact information. - Get Legal Representation
After getting hurt on the job and reporting it, your employer should file the proper paperwork and you should start receiving workers’ compensation benefits shortly after. However, insurance companies often find ways to deny claims unjustly, especially when the amount in question is substantial or they feel they can get away with it.
If this or something else is keeping you from getting the benefits you need for medical attention and other expenses, contact us right away at the Law Office of Robert E. Frawley at 617-523-2929 for a free consultation.
Frequently Asked Questions about Workers’ Comp
Do I Need a Workers’ Compensation Attorney in Massachusetts?
Filing for workers’ compensation does not generally require the services of an attorney. However, both your employer and the insurance company could make things difficult for you by claiming the injuries did not happen at work or use another excuse to deny benefits.
When this happens, having an experienced Massachusetts workers’ comp lawyer advocating for your rights can make a huge difference in the final decision.
Should I sign Form 105?
Form 105 is an agreement that extends the 180-day Payment Without Prejudice Period (PWOP). This may sound like a good thing, but it is actually used by insurance companies to get injured workers to give up their legal rights and discontinue benefits. If you have gotten Form 105 from your employer’s insurer, do not sign it and get legal assistance right away.
Do I have to prove fault?
An employee who gets hurt on the job has a right to workers’ comp benefits regardless of fault. So there is no need to prove who is to blame for the work-related injuries.
Am I entitled to workers’ compensation if workplace violence is involved?
Benefits may be denied if your employer and/or the insurer suspects you of being at fault for injuries due to violence. However, we can advocate on your behalf and argue that you are not to blame for the violent incident depending on the circumstances of the case.
Can I get workers’ compensation and social security at the same time?
Yes, injured workers can get workers’ comp while getting social security benefits at the same time. However, if the benefits you get from workers’ comp cause the total amount of benefits from both programs to exceed the limit set by the Social Security Administration, your SSDI benefits may be reduced.
What is conciliation?
A conciliation is a meeting that takes place within weeks of filing a workers’ comp claim. You, your attorney, the insurer’s legal representative, and a conciliator from the Department of Industrial Accidents get together to try to come to a resolution.
What is The Statute of Limitations for a Workers’ Comp Claim in Massachusetts?
A workers’ Comp claim must be filed within 4 years of the date on which an injured worker became aware of a link between an injury or illness and his or her employment.
