It often happens during an ordinary day. A day that becomes anything BUT ordinary. A scaffolding shifts out of place. A piece of machinery suddenly and inexplicably fails. A floor that should have been dry, isn’t. In just a few seconds, an ordinary day that began sipping coffee and reviewing a full-day punch list can quickly become something else entirely. 

Members of Marcotte Law Firm, Merrimack Valley’s leading personal injury and workers’ compensation law firm, have sat across the table from hundreds of people who have experienced this life-changing moment. Each of them asks the same question, “Do I really need a lawyer?”

The honest answer is: sometimes. 

If you’re hurt on the job in Massachusetts, you’re typically entitled to workers’ compensation benefits. That generally means coverage for medical expenses, a portion of lost wages, and, in some cases, permanent disability benefits.

In reality, you don’t need a lawyer to file a workers’ comp claim. Plenty of people with minor injuries and straightforward claims get the treatment and benefits they deserve without ever hiring one. However, not all injuries and resulting claims are “straightforward,” and a workers’ compensation lawyer matters most when:

• Your claim is delayed or denied. Silence from an insurer is not a neutral act. It can leave you without income while the bills keep coming.
• The numbers don’t add up. You’re being paid, but not the right amount.
• Your treatment is disputed or simply isn’t enough. The care you need and the care that gets approved are two different things.
• You’ve been denied and want to appeal. An appeal is a process with its own rules, evidence, and legal deadlines. This is where a legal advocate can be most helpful. 

What’s important to keep in mind is that insurance companies are businesses focused on managing costs. Many may encourage a quick settlement or a lower offer, and when you’re hurt, exhausted, and worried about the bills, the words “just take the deal” can sound like relief. A workers’ compensation attorney’s role, however, is to make sure you don’t sign away your future or a more appropriate payout simply to buy a little peace.

When the Injury Is Serious, the Stakes Are Different

A broken bone is significantly different than a traumatic brain or spinal cord injury. Medical evidence can become increasingly complicated, and recovery times, elongated. Questions you never anticipated asking yourself begin to surface:  

• Who will pay for care five or ten years from now?
• What happens if you can’t return to work for twenty years, if at all?
• Is every record, every appointment, and every limitation actually documented?

A good lawyer will help you collect and organize medical records, will work with medical experts to understand potential long-term impacts, and will ensure your injury is fully documented, so that what you receive reflects what you need long term, not just immediately. 

Worth noting is that Massachusetts law has strict deadlines associated with workers’ compensation claims. Most must be filed within four years of the date of injury. Additionally, the stress, fear, and a pile of paperwork that coincides with unexpected injuries can feel like a heavy weight. That weight can be offset by a good lawyer, leaving you free to focus on the one responsibility that matters: your healing. 

The Plot Twist Most People Miss: Someone Else May Be Responsible

Something that surprises our clients is that workers’ compensation covers you regardless of fault. However, it does not compensate for pain and suffering, and may not cover the full long-term cost of the injuries and their future potential impact. Therefore, if your injury was caused by someone (or something) other than your employer, you may have a separate third-party claim. 

• A defective piece of equipment. The manufacturer may bear responsibility.
• A negligent property owner. Unsafe conditions on a site they controlled can create liability.
• A subcontractor who cut a corner. Someone else’s mistake that resulted in your injury.

A third-party case can open the door to damages workers’ comp won’t cover including pain and suffering, emotional distress, and future medical costs, among others. Determining whether or not a third party exists takes investigation, often completed by an attorney experienced in these types of cases. 

Do You Need to hire a Workers’ Compensation Lawyer? 

You may be fine without a lawyer if:

• Your injury is minor
• Your claim was accepted without a fight
• You’re receiving appropriate treatment and benefits
• Your employer’s actions were the only factor, with no outside party involved.

You should consider a (free) consultation if:

• Your injury is serious or long-term
• Your claim is stalled, denied, or underpaid
• A third party may be involved
• You’re unsure about a settlement offer or you are being pressured to settle

Should you want a seasoned, specialized legal team to review your situation and explain your options, the team at Marcotte Law Firm is standing by to receive your call.

(Below is a downloadable guide on how to find a good workers’ compensation lawyer and a short list of prepared questions to ask during your first visit. Initial consultations, either via phone or in person, are free of charge). 

This post is for general informational purposes and is not legal advice.