A Work Injury Attorney Explains Your Rights
You have options for recovering compensation for your medical expenses and lost wages from a work injury. Two available methods are workers’ compensation and a personal injury claim. Our work accident attorney is familiar with both.
A workplace injury lawyer may advise you to seek workers’ compensation. In most cases, workers’ compensation should cover your medical expenses and a portion of your lost wages. It is the primary source of compensation if you suffered a workplace injury or illness.
The Commonwealth of Massachusetts requires that most employers provide workers’ compensation coverage to their employees. Additionally, in Massachusetts, workers’ compensation is a “no-fault” program, so you are entitled to coverage even if you were at fault or partially at fault for your injury. If you’ve suffered a brain injury at work, Springfield brain injury lawyers can assist in verifying whether your employer carries workers’ compensation insurance and if you are covered by it.
Should an employee lose their life because of a work-related illness or accident, the surviving spouse and/or dependents may be eligible for compensation as well.
Note, however, that there are certain limitations to workers’ compensation claims. If you file and collect a workers’ compensation claim in Massachusetts, you will be unable to file a personal injury claim against your employer. With a personal injury claim, you can seek compensation for expenses like pain and suffering. With a workers’ compensation claim, you cannot. With workers’ compensation, you are limited to lost wages and medical costs.
Workers’ compensation benefits are not only limited in type; they can be limited in time and amount, too. There is no guarantee that the entirety of your medical expenses will be covered.
Your work accident lawyer can explain the different types of compensation and help you navigate the workers’ compensation system. Call today to learn more: (413) 737-3430 or (413) 781-CAVA (2282).
Personal Injury Claim
As mentioned, filing a workers’ comp claim prevents you from suing your employer. However, in certain circumstances, you may have the option of a personal injury claim against another party.
A Springfield work injury lawyer may be able to file a suit against a third party (someone other than your employer) if they were negligent and responsible for your injury or illness. Examples of negligence that could serve as the basis for a third-party personal injury claim include:
- Malfunctioning or defective machinery that was the fault of its manufacturer
- Motor vehicle accidents caused by a third party
- Recklessness by a subcontractor
- Property or business owner negligence (other than your employer)
- Workplace assault by a third party (like a customer in a store).
If this third party caused your workplace accident, you may be able to seek compensation from that party.
There could be advantages to filing a third-party claim. Our workplace injury attorneys will conduct a thorough investigation into your accident to identify any responsible third parties. There may be an opportunity to hold that party accountable for damages above and beyond workers’ compensation.
Contact a Springfield, MA, work injury attorney at (413) 737-3430 or (413) 781-CAVA (2282) to help you navigate this difficult time. Our professional guidance can help you through the claims process, help you to identify your options, and manage everything from start to finish.
Why Choose Cava? Because Winning is NO Accident!
Our Work Injury Attorney Leverages Excellence in Work Injury Law
The aftermath of a work injury accident can have a significant impact on your life. The cost of medical treatment and your ability to return to work must be considered. Managing the possible combination of workers’ compensation and personal injury lawsuits requires significant knowledge and experience. Engaging the right work injury attorney is critical to getting you the compensation you need and deserve.
At Cava Law Firm, our work injury attorneys are well-versed in Massachusetts workers’ compensation and personal injury law. When you work with us, you benefit from our:
- Significant Experience: Our firm has over 25 years of experience providing hands-on counsel to individuals who have suffered injuries on the job. Attorney Christopher Cava, our founding partner, and Attorney Jennifer L. Cava-Foreman are well-versed in handling workers’ compensation and personal injury cases, and are committed to getting their clients the settlements they need and deserve.
- Local Knowledge: Because of the years of experience they have in Springfield, MA, and the surrounding area, our team has an in-depth knowledge of the local court system and business community. We know what to expect from the many players and use this information to your advantage.
- Client-Focused Approach: Our clients expect high-quality legal services, which we always provide. In addition, time and time again they are also impressed with our service approach. Our team understands and appreciates the stress felt by our work injury clients. Injuries are painful, recovery time considerable, and concern for the future is common. We take the time to communicate clearly and sympathetically while negotiating aggressively. No two cases are identical. Each one requires special attention to detail. Remember, Winning is NO Accident! Our record of success speaks for itself.
If you have suffered an injury at work, reach out to us today at (413) 737-3430 or (413) 781-CAVA (2282) to schedule a free consultation.
How Our Work Injury Lawyer in Springfield Can Help You
We Protect Your Future
If you have been hurt while on the job, you may be feeling frustrated. The combination of recovering from your injuries, thinking about your future, and handling the insurance claims process is a lot to manage. When you engage our Springfield burn injury lawyer, especially skilled in handling work injury cases, you can focus your attention on your recovery, as your health and well-being should always be your priority. We will handle the rest. Among other things, you can count on us to:
- Complete accident-related paperwork
- Investigate your claim and gather supporting evidence
- Represent you in negotiations for workers’ compensation and in personal injury lawsuits.
Managing all the legal processes surrounding work injuries (including workers’ compensation and third-party personal injury claims) requires a specific level of knowledge, considerable time, and focused effort.
At Cava Law Firm, our experienced work injury attorneys handle recovering your compensation while you focus on your recovery. Call (413) 737-3430 or (413) 781-CAVA (2282) to find out more about how we can help you.
Work Injuries Can Happen To Anyone
Work injuries are commonplace in Massachusetts. In fact, according to the Massachusetts Survey of Occupational Illnesses and Injuries Report, “In 2019, there were approximately 86,000 work-related injuries and illnesses reported by employers across the private and public sector workforce.” It is no surprise, then, that our work injury lawyers have gained so much experience in work injury cases.
Our workplace accident attorneys have seen issues arise in many industries, including:
- Health services
- Leisure and hospitality
- Professional and business services
- Natural resources,
- And many others.
The bottom line is that there is a risk of getting injured in every industry, and you could get hurt or fall ill in virtually any line of work.
The good news is that when injury or illness occurs as a result of your employment in Massachusetts, you have options with regard to obtaining a settlement to help pay for your expenses.
Regardless of your job and how you were injured, you should not have to figure out how to pay your medical bills alone. The Cava Law Firm can help: (413) 737-3430 or (413) 781-CAVA (2282).
Our Work Injury Attorney Can Navigate Workers’ Compensation
While the system appears to be straightforward, collecting on a claim can be challenging. Insurance companies regularly deny workers’ comp claims. Among their reasons are:
- Delays in reporting the injury
- Pre-existing conditions
- Non-job-related injuries.
It is important to remember that insurance companies are businesses, and every claim they pay increases their expenses and reduces their profitability. Massachusetts Law Ch. 152 § 11C allows you 30 days from the denial of your claim to file an appeal. Our work injury attorneys can help with this process.
Our Springfield work injury lawyers can also help with the complicated work of looking at the category of your injury. The law classifies workers’ compensation benefits as permanent or temporary, and the injury could be total or partial. A knowledgeable work accident attorney can help determine the proper classification and determine how much you are entitled to and for how long.
There are many factors that go into determining your workers’ compensation benefits, including your representation. Call us at (413) 737-3430 or (413) 781-CAVA (2282) to allow our work injury attorneys to take the hassle of negotiating with insurance companies off your plate. We will fight to get you what you are entitled to under the law.
Frequently Asked Questions
Our Work Injury Lawyer Addresses Your Pressing Concerns
Managing life after a work injury is complicated. You need to focus on your recovery while continuing to care for your family. Filing claims can be overwhelming, often requiring the completion of paperwork and considerable follow-up. It is not surprising that you have questions. Below, we have shared some of the questions most frequently raised, along with our work injury attorney’s answers.
What do I do if I have been injured at work?
Report your injury to your employer right away. Try to take photographs or videos of the accident scene. Seek out medical treatment that day or as close to the accident as possible. Additionally, make a list of any witnesses and write down exactly what happened. Contact a work injury attorney as soon as possible.
I understand that workers’ compensation pays a percentage of my average weekly wage. How do I calculate my average weekly wage?
This calculation is simple: For the 52 weeks before your injury, take your total gross earnings, add in all overtime and bonuses, and divide that total by 52. If you have not worked for an entire year, then divide by the number of weeks you did work. Our work injury lawyers at Cava Law Firm can help with these calculations.
I was partially at fault for my injury, how will this affect me?
Because workers’ comp is a no-fault system you will be able to collect the appropriate benefits. But, if you decide to file a third-party personal injury claim, your personal injury lawyer would need to prove fault, and your actions could impact the amount of your settlement. Massachusetts is a comparative fault state; the law states that if you were less than 51% to blame, you can receive an award of damages, but it would be reduced by your percentage of fault.
My employer said they do not have workers’ compensation insurance; do I have any other options?
Yes, you can file your claim with the Massachusetts Trust Fund, which is handled by the state’s Department of Industrial Accidents. Their website provides general information, and our Springfield work injury lawyer can help you manage the process.
How long do I have to file a personal injury lawsuit?
Massachusetts law states that in most cases you have three years from the date of your injury to file your lawsuit. This is known as the statute of limitations. Our work injury attorney can ensure that you meet all filing deadlines and inform you if your case falls under an exception.
Can I see my personal physician for my injury if I want to submit the claim for workers’ compensation?
Possibly, but some exceptions exist where you may need to use a preselected physician or have yours approved. If you must use a doctor selected by your employer, it may be wise to visit your own for a second opinion. Check with the Human Resources department at your workplace for the treatment providers they work with or recommend.
We hope the information provided above is helpful. We realize that you likely have a host of other, more specific questions. We will be happy to answer them.
Reach out to our Springfield, MA, work injury lawyer at (413) 737-3430 or (413) 781-CAVA (2282) to schedule a free consultation. This meeting will provide us with the opportunity to learn more about your situation.
Understanding the Impact on Your Life
Work Injuries Can Be Serious
Because our work injury lawyers have many years of experience handling work injury cases, we have seen a broad range of injuries resulting from a variety of incidents. Our workplace injury attorneys know that accidents can happen in almost any situation. While injuries on construction sites and in manufacturing plants are not surprising, many workers are hurt each year in offices and even during travel for their job.
Even so-called minor injuries can be costly to treat and may require time away from work, and more serious injuries can affect both you and your family for the rest of your life. Common workplace illnesses and injuries include:
- Broken Bones
- Sprains and Strains
- Spine Injuries
- Bruises and Contusions
- Neck Injuries
- Back Injuries
- Electrocution Injuries
- Repetitive Motion Injuries (like carpal tunnel syndrome)
- Loss of Limb
- Illness and Injury from Exposure to Chemicals
- Traumatic Brain Injuries.