Workers Compensation Trust Fund Cases

In Massachusetts, if an employee is hurt on the job, he/she is entitled to Workers Compensation benefits. There are not many exceptions to that rule. Workers are covered even if they’re working “under the table” or being paid cash. An employer cannot take any shortcuts to get around providing Workers Compensation benefits. That is why employers often receive stop-work orders if they cannot show the Commonwealth that they have the necessary coverage.

Though these benefits are available, they’re not always easy to get. That’s why it’s important to find a lawyer who is not only experienced, but also tenacious. The experienced lawyer will be able to know where to look to find benefits. The tenacious lawyer will be willing to jump through the different hoops to get you these benefits. At Marcotte Law Firm, our lawyers have both the experience and tenacity needed to get the job done.

Though Workers Compensation insurance is required, there are always people and companies that try to get by without it. Then, when an employee inevitably does get injured, that injured person is wondering who will pay them if they can’t work, or if they have medical bills.

The answer is the Workers Compensation Trust Fund.

The Workers Compensation Trust Fund is a government program that can pay Workers Compensation benefits to workers who were injured when their employer did not have Workers Compensation insurance. It can pay benefits to you if you’re hurt on the job, including Total Disability Benefits, Partial Disability Benefits, and Medical Benefits. In other words, the Workers Compensation Trust Fund steps into the shoes of the insurance company that your employer was supposed to have to make sure you get the benefits you deserve.

However, there are some hoops that you have to jump through to get benefits from the Trust Fund. This is why it’s important to hire an experienced Workers Compensation attorney. This includes various additional forms that are required by the government. You will also need to prove that your employer doesn’t have insurance. This is in addition to all the other things that you need to do to file a claim at the Department of Industrial Accidents.

One of the limits of the Workers Compensation system is that there are no benefits for your pain and suffering. It is limited to lost wages and medical expenses, along with other minor benefits. However, that is not the case if your employer did not have workers compensation insurance when you were injured.

Because your employer does not have workers compensation insurance, you can sue the company or individual for your pain and suffering. Without insurance, your employer is not eligible for legal immunity to a lawsuit.

More importantly, the law is set up so that to make a claim against your employer for pain and suffering, you don’t need to prove that anyone was at fault, just that you were an employee. This is different than normal tort claims, where your attorney will have to prove that the Defendant was negligent. Instead, as long as you and your attorney prove both that you were an employee and that you were injured during the course of your work, you will be entitled to the pain and suffering caused by that injury.

At Marcotte Law Firm, our Lowell Lawyers have made many claims with the Workers Compensation Trust Fund, as well as many against the employers who did not carry the required Workers Compensation Insurance. Our lawyers know how to best maneuver through these parallel claims to not only maximize your benefits, but also ensure that you can get your benefits as quickly as possible. We understand that time is of the essence when you’re not able to work.

If you were injured at work, but your boss didn’t have Workers Comp Insurance, all is not lost. Call the experienced attorneys at Marcotte Law Firm for a free consultation.