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WORKERS COMPENSATION CASES

If you get hurt at work, you are entitled to receive workers compensation benefits. This can include payment for lost wages, medical bills, loss of function and scars. You may also be eligible to receive a lump sum settlement of your claim. You need an experienced Massachusetts workers compensation attorney to represent you. At Morgan & Murphy, LLP everyone can afford a lawyer; we charge no fee unless we succeed in getting you the benefits you deserve.

Your employer’s insurance company may decline to make payments of benefits legitimately due you. If this happens, it is important to consult an experienced workers compensation attorney. Even if the insurance company for your employer is paying you weekly compensation checks, you still have the right to hire a lawyer to help you make decisions about your claim and represent you at the Department of Industrial Accidents. At Morgan & Murphy, LLP we have more than 25 years experience helping injured workers obtain all of the benefits they deserve. We have never and will never represent insurance companies. We represent injured workers against their employers’ insurance companies. Your employer has their insurance company to look out for them; you need Morgan & Murphy, an experienced Massachusetts workers compensation law firm, to represent you.

WHAT TO DO AFTER YOU ARE INJURED ON THE JOB

Many people do not immediately realize that they are hurt and continue to work despite the injury. Whether you are able to continue working or must stop due to disability, it is important to report the injury to your supervisor or boss as soon as possible after the accident or incident. You should give your employer as much detail as possible, being specific about time, date, place and manner of injury.

Next, make sure you have the names and telephone numbers of any witnesses. Then seek medical care as soon as possible from a doctor or hospital. Give the medical provider an accurate history of how the injury occurred. Your employer’s insurance company will be responsible for payment of medical bills so make sure you get the treatment you need. Then consult with an experienced Massachusetts workers compensation attorney to make sure you know your rights. Morgan & Murphy has several locations throughout eastern Massachusetts to serve you and we regularly handle cases at the Department of Industrial Accidents in Boston as well as the regional office in Fall River.

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  • WHAT AM I ENTITLED TO?

    All employers in Massachusetts are required to have workers compensation insurance. If your employer is one of the few that has failed to obtain workers compensation insurance, there are provisions in the law that will ensure that your injuries are covered.

    Make sure your employer has filed a First Report of Injury with its insurer. Once the insurance company receives that report, it has 14 days to either pay or deny your claim, and will do so in writing. If you receive a denial we recommend you immediately get legal advice from an experienced workers compensation attorney like those at Morgan & Murphy. Even if the insurance company promptly pays you and your medical bills, you should still consider hiring an experienced workers compensation lawyer to guide you through the workers compensation process. We charge no fee unless we are successful on your behalf and work hard to make sure you and your family recovers the maximum benefits available.

    If you are totally disabled and unable to work, you are entitled to receive temporary total disability benefits. These benefits are payable at 60 percent of your average gross weekly wage, tax free. Unfortunately, your fringe benefits are not included in the calculation of your average weekly wage.

    Temporary total disability are payable for a maximum of 3 years. At any time during this period, the insurance company may attempt to terminate your workers compensation benefits by filing a request to discontinue or modify compensation with the Massachusetts Department of Industrial Accidents. Should you be subject to a termination of your benefits, you should immediately contact an experienced workers compensation attorney like those and Morgan & Murphy. We can get your benefits reinstated promptly and negotiate with the insurance company to get you the best possible settlement.

    Partial disability benefits are also payable should you be unable to perform your prior job, but can perform lighter duty work. When receiving partial disability benefits, the wages you are able to earn performing lighter duty work are subtracted from your prior average weekly wage and you then receive 60 percent of the difference. These benefits are payable for a maximum of 5 years.

    Should you sustain a catastrophic injury and become permanently disabled, you may become entitled to permanent and total disability benefits. These benefits could potentially be payable throughout your lifetime with annual cost of living adjustments.

    If your work related injury results in a permanent loss of function to a body part, you may be entitled to benefits for those specific loses. You may also be entitled to receive benefits for scarring or disfigurement to the hands, face and neck.

    The insurance company is responsible for reasonable and necessary medical expenses related to you treatment after the accident. This benefit generally continues even after you return to work for your employer or any other employer. You have the right to treat with a doctor of your choice. The insurance company must also reimburse you for reasonable out of pocket expenses related to your work related injury, including mileage, prescriptions and parking.

    WHAT IF I AM UNABLE TO RETURN TO MY JOB?

    If due to your work related injury you are unable to return to your job, you may be eligible for a lump sum settlement of your case. You may also be eligible for vocational rehabilitation.

    LUMP SUM SETTLEMENTS

    If you are unable to return to your job, you may be able to lump sum settle your claim. Lump sum settlements pay you up front for injuries and damages an insurance company may be responsible for over a period of time. Most cases settle for a lump sum amount plus the payment of medical expenses into the future for expenses which are reasonable, necessary and related to the accident. In many situations your right to medical benefits and vocational rehabilitation remains open even after settlement. If you are able to, you may return to the workforce even after you settle your case.

    It is recommended that you see an experienced Massachusetts workers compensation attorney like those at Morgan & Murphy to help you determine whether you are able to obtain a lump sum settlement and, if so, help value the case.

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    VOCATIONAL REHABILITATION

    If your injury results in an inability to perform your prior job, you may be entitled to company may be responsible for paying for vocational rehabilitation services. The staff at the Department of Industrial Accidents can help determine whether you are an appropriate candidate for vocational rehabilitation and, if so, refer you for services. These services can include resume planning, job placement, retraining or schooling in order to assist you in obtaining a new job that pays a similar amount as your old job.

    DO I NEED AN ATTORNEY?

    One of the best reasons for hiring an attorney experienced in workers compensation law is that most attorneys only charge you if they are successful on obtaining you benefits. Another very compelling reason is that the workers compensation laws are very complex and, when your livelihood is at stake, it is important to be informed about the laws in order to make the correct decisions for yourself and our family. The insurance companies hire lawyers to represent them, and never go to court without a lawyer. You should do the same, and fight for your rights. The experienced Massachusetts lawyers at Morgan & Murphy, LLP can help you obtain all of the benefits to which you may become entitled, including a lump sum settlement of your case.

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    Morgan & Murphy Person Injury Attorneys
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    Sample of Verdicts

      $150,000 settlement on a SLIP AND FALL ON ICE AND SNOW. The client underwent surgery for a broken leg after he slipped and fell on the sidewalk outside his home. We recovered pain and suffering, lost wages and medical expenses for the client.

      $80,000 settlement for a slip and fall at a convenience store on a wet floor. The client sustained several broken bones. The convenience store defended saying that there were "WET FLOOR" posted throughout the area. Despite that the defense, we were able to get the insurance company to pay for medical expenses and pain and suffering.

      $30,000 settlement for an OUT OF STATE DOG BITE CLAIM. We contended that the dog's owner was strictly liable for the injury to the finger and we were able to settle the claim successfully without having to leave Massachusetts.

      $100,000 policy limit settlement for a person injured in an auto accident. During arbitration we successfully argued that the plaintiff's pre-existing, congenital Chiari Malformation was aggravated to such an extent by the injuries sustained in the car accident that they became disabling and in need of surgical correction. The arbitrator agreed and ordered the insurance company to pay the entire amount of its policy.