Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Sarah Edwards
Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Boston is populated with millions of hardworking people. Unfortunately, workplace accidents sometimes occur. When that happens, the law protects the individuals affected. If you want to ensure the law works for you, this guide to Boston’s best workers’ comp lawyers can help you find a lawyer who will fight for your rights.
Read more
Best Workers’ Comp Attorneys in Boston
Compare Top Workers’ Comp Attorneys
Workers’ Compensation Laws in Massachusetts
Workers’ compensation laws protect workers when they are injured or fall ill while performing work functions. While every state has workers’ compensation laws, the specifics of these laws differ by state.
The workers’ compensation process involves a significant amount of bureaucracy, and injured workers can easily make mistakes that prevent them from getting appropriate compensation.
Boston workers’ compensation lawyers can help workers get the money they need after a workplace injury or illness.
Who Is Protected by Workers’ Compensation Laws in Boston, MA?
With only a few exceptions, Massachusetts workers’ compensation laws covers anyone who works in Massachusetts and has suffered an injury at the workplace or an illness due to workplace conditions.
Domestic service employees are the main exception to this law. They need to work at least 16 hours per week to be eligible for workers’ compensation. The other exceptions are sole proprietors, limited liability companies (LLCs) and limited liability partnerships (LLPs) that have no employees. They may opt out of workers’ compensation insurance. If a business owner has any employees, they must also cover themselves.
Workers’ Rights Under Boston, MA, Workers’ Comp Laws
Workers are entitled to compensation when they suffer an accident or injury while on the job. A worker is considered to be on the job, whether at the workplace or not, as long as they are paid for their activities or presence.
Thus, for example, if you were working offsite and receiving pay for the travel time to that location, you could get workers’ compensation benefits if you were involved in a car accident.
Compensation from workers’ compensation insurance pays for all medical costs, a portion of missed wages, and disability benefits. Your loved ones can also obtain funeral costs if you die due to a work-related accident, injury, or illness.
To obtain these benefits, you need to inform your employer that you were injured as soon as possible, providing:
- Details of the injury or illness, including the date
- What type of disability suffered
- The first day you will miss work
- Which doctor is providing treatment
You will also need to let your workplace know when you can return to work once that date is determined.
Filing Process for Workers’ Compensation in Boston, MA
If everything goes right, filing for workers’ compensation is relatively easy. You will inform your employer that you were injured on the job using whatever in-house procedure they employ.
From there, your employer should inform their insurance company, which starts the process. You have the right to be represented by a Boston workers’ compensation lawyer during this process.
You will receive compensation within a few weeks when the process goes smoothly. However, if your employer refuses to inform the insurance company or denies your claim, you can file a claim through the Department of Industrial Accidents (DIA). Your workers’ compensation lawyer in Boston will help you determine the best approach.
Workers’ Recovery for Workplace Injuries Beyond Workers’ Comp in Boston, MA
If you work in Massachusetts, you are likely covered by workers’ compensation. However, your workplace may not always make it easy to claim compensation for a workplace injury.
Your workplace must post proof of coverage in a visible location in a common area. You can contact the DIA to determine what insurance company covers your employer if it doesn’t.
But what can you do if your employer doesn’t have the required insurance coverage or you are denied? One common option is to contact a Boston workers’ compensation lawyer and file a lawsuit against them or seek compensation from the Worker’s Compensation Trust Fund. The courts can compel your employer to pay for your lost wages and medical bills due to a personal injury lawsuit.
How Can an Attorney Help You in Boston?
Filing a workers’ compensation claim involves a lot of paperwork. At a minimum, you must inform your employer and their insurance company about how you were injured and all relevant dates to your claim. You will need evidence of the extent of your injuries and that those injuries caused a disability that prevent you from performing work functions.
Your claim could be denied if you make any mistake when dealing with the insurance company or your employer. Boston area workers’ comp lawyers are familiar with the procedures and will prevent you from getting denied for bureaucratic reasons. In general, just being represented by an attorney is enough to convince an insurance company not to deny your claim, even if it is marginal.
A Boston workers’ compensation lawyer can also help you accurately calculate the value of your claim. They have experience handling similar cases and can determine your claim’s worth. This knowledge is critical when determining whether the insurance company is offering you fair compensation for the harm you suffered.
Finally, if you need to file a lawsuit, the attorney will take the lead throughout the legal process and trial.
How to Choose the Best Workers’ Comp Lawyer in Boston, MA
Selecting a workers’ compensation lawyer in Boston that is optimal for your case is important. You need a lawyer who understands your situation and will provide personalized support. Consider the following factors when choosing a lawyer.
- Past results. Just because a lawyer has obtained multi-million dollar results before, that doesn’t mean you have a case where that is relevant. It is best to choose lawyers who have handled cases similar to yours.
- Negotiation skills. Most lawsuits end without a jury verdict. An experienced negotiator will get you money more quickly than a trial lawyer.
- Devotion to workers’ compensation cases. Often, the best choice for a lawyer is one who primarily or only handles workers’ compensation cases. They will know the process better and usually work more quickly.
Methodology
To come up with the best workers’ comp lawyers in Boston in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
Can I negotiate a settlement with the insurance company?
Yes. While the state sets compensation guidelines, you may negotiate a settlement with your employer and their insurance company. If all parties agree to it, the settlement does not have to follow the state guidelines.
Typically, this type of settlement will be paid as a lump sum. If you are considering a settlement, your workers’ compensation lawyer should negotiate it for you.
Will I have to pay taxes on the money I get from workers’ compensation insurance?
Workers’ compensation benefits are typically not taxable. However, if you are only partially disabled, you will still have to pay taxes on any income you are earning. If you receive a settlement from the insurance company rather than getting paid according to the normal schedule, this money is also not taxable.
You should consult your attorney to determine exactly what is and isn’t taxed.
Will I get paid for the first five days of disability?
The first five days of disability are not paid unless you are out of work for 21 or more days. To determine the first day of disability, you need to determine when you did not receive pay for an entire day or shift for the first time. If your disability lasts more than 21 days, you will retroactively be paid for the first five days.
