Even in good economic times, a disabling injury or illness can leave you unemployed and financially strapped.  An experienced attorney in disability law and related fields -- workers’ compensation, Social Security disability, unemployment benefits -- can help protect your rights and maximize your benefits. 

What are my rights if I am hurt at work?

The law requires all employers who do business in Massachusetts to carry workers’ compensation insurance for their employees.   If you are injured on the job, you should immediately report your injury to your supervisor and seek appropriate medical care.  Do not take the advice of a few unscrupulous employers who tell their injured employees that “they will take care of them” in exchange for not properly reporting an injury.  A decision not to report a work injury will only hurt you.

What should I do after I report a work injury?

Seek medical treatment and make sure you accurately describe the work injury to the doctor or the hospital emergency room.  Inaccurate or incomplete histories in medical records may be difficult to explain later.  Continue to report the work injury accurately to all medical providers, including doctors, nurses, therapists, and chiropractors. 

When will I get paid?

Your employer is required to report your injury to its workers’ compensation insurer.  Upon notification, the insurance company is obligated to notify you by mail within fourteen days about whether your claim will be paid or denied.  If the insurance company decides to pay your claim, you will begin to receive weekly benefits checks, and your bills for injury-related medical treatment will be covered.
 

What happens if my claim is denied?

Your only option if the workers’ compensation insurer denies your claim is to file a claim with the Massachusetts Department of Industrial Accidents.  When a claim is filed, you are entering the legal system, and will need the help of an experienced lawyer.  You can be sure the insurer will be represented by a lawyer.  Don’t worry about paying legal bills, however.  If a judge eventually orders benefits for you, the law requires the insurer to pay your legal fees.

How long do the workers’ compensation benefits last?

Workers’ compensation benefits are not open-ended, and at some point, usually within six months after your disability begins, the insurance company may stop your benefits, even if you still remain unable to work.  An experienced attorney can help explain the process and your options.

Can I collect unemployment benefits and workers’ compensation benefits at the same time?

Sometimes.  You cannot collect workers’ compensation benefits for total disability and receive unemployment benefits at the same time.  It is possible, however, that you can receive partial disability workers’ compensation benefits and also collect unemployment benefits.  An attorney who is familiar with both systems can answer your questions.

Can I collect workers’ compensation benefits even if a specific event did not cause my disability?

Yes.  Not all work-related conditions are the result of a specific on-the-job injury or trauma.  Some, such as carpal tunnel syndrome and other repetitive injuries, may develop gradually due to daily job duties.  Again, report the injury to your employer when you develop symptoms of a chronic, work-related condition, and seek medical attention.  Always tell your physician about your work duties and how these have affected you physically and emotionally.  

Can I receive Social Security disability benefits?

Social Security disability benefits may be available if you become disabled because of a chronic disease, illness, or injury.  Social Security Disability Insurance and Supplemental Security Income benefits require that you be out of work for one year or expect to be out of work for a year or longer. 

What are the requirements for applying for Social Security benefits?

There are several requirements, in addition to being out of work for a year, for applying for Social Security Disability Insurance (SSDI) benefits.  This program is   available to individuals who meet the quarterly contributions requirements through their payroll deductions.  SSDI pays a monthly benefit to the disabled individual, and may include an additional benefit for dependent children.  Supplemental Security Income (SSI) has certain income requirements and may be available if you do not meet the contributions requirements for SSDI benefits.  An experienced lawyer can guide you through the application process.