Worker's Compensation Statutes
When a worker gets injured on the job, he or she is usually eligible for Workers Compensation benefits. That wasn’t always the case. Dating back to the Industrial Revolution in the 19th century, workers worked in cramped conditions with poor ventilation. They were exposed to dangerous machinery and toxic chemicals. If a worker was injured, the only option was to sue the company.
Those lawsuits were rarely successful for a variety of reasons. Therefore, starting in the late 1800s in Europe and the first half of the 20th century in the United States, every state in the country passed a Workers Compensation statute. Instead of requiring workers to sue, companies are required to carry Workers Compensation insurance to cover certain types of claims. These types of benefits are listed in the various sections of the Massachusetts Workers Compensation Statute.Massachusetts Workers Compensation Statute Sections
The following Sections in the Statute deal with various types of situations that arise when someone is hurt at work:
- Section 34: Temporary Total Disability
- Section 34A: Permanent and Total Disability
- Section 35: Temporary Partial Disability
- Section 13: Medical Expenses
- Section 30: Medical Expenses
- Section 36: Permanent Loss of Function, Scarring, and Disfigurement
- Section 28: Willful Misconduct of the Employer
- Section 31: Workers Compensation Death Benefits
- Section 33: Burial Expenses
If you’ve suffered a work injury, having a lawyer that’s read the law isn’t always enough. It takes experience to know how to best apply the law and make sure that you get all the compensation you deserve. In a certain sense, a good Workers Compensation attorney is an artist as much as a scientist. Knowing the different options that an injured worker has is only effective when the lawyer also knows which option is the best one in a certain situation.
That’s why we always tell people that hiring a Workers Compensation lawyer as early in the process as possible is vitally important. Even if you think that you’re getting every benefit you deserve, having a lawyer advise you through the process can give you valuable insight.
Here are some examples of situations where it’s important to have a lawyer ready to go:
- Insurance Company Doctors: If you’ve been seeing a doctor hired and set up through the Insurance Company, you might be at a disadvantage. The doctor might be biased toward the insurance company and send you back to work before you’re ready
- Pay Without Prejudice: The insurance company can pay you voluntarily for 180 days and then terminate your benefits for any reason. Having a lawyer ready can reduce the waiting time to get your benefits back.
- Lump Sum Settlements: When is a settlement a good idea? Sometimes, it makes sense to be proactive in approaching the insurance company with an offer to settle. This way, you can get some money in your pocket and try to get back into the workforce without worrying about the insurance company trying to claw back your benefits.
At Marcotte Law Firm, we’ve handled thousands of Workers Compensation claims for injured workers. We use that experience to put you on an equal footing with the insurance company and get you the benefits you deserve.
If you’ve been injured on the job, call the experienced Workers Compensation Lawyers at Marcotte Law Firm for a free, no obligation consultation.
- Section 34 - Temporary Total Disability
- Section 34A - Permanent and Total Disability
- Section 35 - Temporary Partial Disability
- Section 13 - Medical Benefits
- Section 30 - Medical Benefits
- Section 36 - Loss of Function, Scarring & Disfigurement
- Section 28 - Willful and Serious Misconduct
- Section 31 - Death Benefits
- Section 33 - Burial Benefits