Were you injured at work? If so, there is some crucial information you should know about the laws of Workers Compensation in Massachusetts. Check out this post by http://lawfirms.com
Workers Compensation Laws in Massachusetts
Workers compensation is a system of laws meant to protect injured and disabled workers. The goal is to make sure someone injured at their workplace gets adequate medical care, lost wages relating to the on-the-job injury, and, if necessary, any retraining necessary to restore them to the workforce.
When a worker is killed on the job, members of the workers' families are typically eligible for workers compensation benefits. Injured workers may want to consult an attorney for advice in protecting their benefits and defending against any attempt to prematurely terminate their benefits.
Workers Compensation is Compulsory in Massachusetts
Workers compensation is compulsory in Massachusetts - employers must provide workers compensation insurance for their employees. The insurance may be provided through a private insurance carrier, or employers may self-insure. Waivers are not permitted.
Only domestic workers who work less than 16 hours a week are exempt.
Medical Benefits and Physician Choice in Massachusetts
Employees are allowed to make the initial choice of physician and full benefits are provided with no time or monetary limits.
Disability Benefits Provided in Massachusetts
In the state of Massachusetts, temporary total disability payments are a percentage of the worker's wage and may continue for up to 156 weeks.
Permanent total disability payments are calculated as a percentage of the worker's wage and typically continue for the duration of the disability. Benefits are offset by Social Security benefit.
Permanent partial disability benefits are allotted based on a percentage of the worker's wage and typically continue for up to 260 weeks, but may continue for up to 520 weeks. These benefits are offset by unemployment insurance and Social Security benefits.
Court awards are paid in addition to benefits and are not reduced because of receipt of disability benefits.
Death Benefits Provided in Massachusetts
An employee's surviving spouse, or spouse and children may collect death benefits, based upon a percentage of the employee's wages and subject to a cap. A minimum benefit is provided regardless of the employee's earnings. A burial allowance is also available.
Limits on Attorney Fees
Massachusetts workers compensation laws stipulate that attorney fees for claimants are limited to twice the state average weekly wage. Otherwise, claimants' attorney fees are set by the agency depending upon the manner in which the case is resolved. In certain cases, the attorney fee may be added to the award.
Friday, October 30, 2009
Wednesday, October 14, 2009
AIA Supports Massachusetts Workers' Compensation Legislation
Written by: Brianne Mallaghan
The American Insurance Association (AIA) testified today in support of workers' compensation legislation in Massachusetts that would promote competitive insurance rating among carriers requiring them to operate more efficiently and become more customer-focused. The testimony was presented at a hearing before the Committee on Labor and Workforce Development.
The legislation, House Bill 1853 and House Bill 1864, Acts Relative to the Competitive Determination of Workers' Compensation Insurance Rates, is an important and necessary change to the state's workers' compensation system, according to AIA.
"These bills would move Massachusetts to a 'loss cost' rate making system, similar to that used in 40 other jurisdictions, including all of the other New England states," said John Murphy, AIA Northeast Region vice president, noting that New York most recently passed legislation establishing a loss cost workers' compensation rating system in February 2008. "H. 1852 and H. 1864 do not affect or change the benefits injured workers receive or the process through which they receive them. The bills only change the way that rates for workers' compensation will be determined."
Murphy explained that under the loss cost approach, the commissioner would continue to review and approve the basic building blocks of the rates (known as the "loss costs") so that all companies share the common basis for making rates. The biggest difference from the current system is that under this legislation, companies would have to compete over the elembents within their individual control, such as administrative costs and profit, according to Murphy. The legislation also establishes ranges for the various components that go into making the final rate.
"Moving to a 'loss cost' or competitively rated system will promote stability and reliability for employers and insurers as the system will be de-politicized and based on the fundamental component of insurance pricing -- the actual loss costs," concluded Murphy.
AIA member companies write approximately 23% of the workers' compensation insurance coverage in Massachusetts.
The American Insurance Associaion represents approximately 350 major insurance companies that provide all lines of property and casualty insurance and write more than $123 billion annually in premiums. The association is headquartered in Washington, D.C. and has representatives in every state. All AIA press releases are available at www.aiadc.org.
The American Insurance Association (AIA) testified today in support of workers' compensation legislation in Massachusetts that would promote competitive insurance rating among carriers requiring them to operate more efficiently and become more customer-focused. The testimony was presented at a hearing before the Committee on Labor and Workforce Development.
The legislation, House Bill 1853 and House Bill 1864, Acts Relative to the Competitive Determination of Workers' Compensation Insurance Rates, is an important and necessary change to the state's workers' compensation system, according to AIA.
"These bills would move Massachusetts to a 'loss cost' rate making system, similar to that used in 40 other jurisdictions, including all of the other New England states," said John Murphy, AIA Northeast Region vice president, noting that New York most recently passed legislation establishing a loss cost workers' compensation rating system in February 2008. "H. 1852 and H. 1864 do not affect or change the benefits injured workers receive or the process through which they receive them. The bills only change the way that rates for workers' compensation will be determined."
Murphy explained that under the loss cost approach, the commissioner would continue to review and approve the basic building blocks of the rates (known as the "loss costs") so that all companies share the common basis for making rates. The biggest difference from the current system is that under this legislation, companies would have to compete over the elembents within their individual control, such as administrative costs and profit, according to Murphy. The legislation also establishes ranges for the various components that go into making the final rate.
"Moving to a 'loss cost' or competitively rated system will promote stability and reliability for employers and insurers as the system will be de-politicized and based on the fundamental component of insurance pricing -- the actual loss costs," concluded Murphy.
AIA member companies write approximately 23% of the workers' compensation insurance coverage in Massachusetts.
The American Insurance Associaion represents approximately 350 major insurance companies that provide all lines of property and casualty insurance and write more than $123 billion annually in premiums. The association is headquartered in Washington, D.C. and has representatives in every state. All AIA press releases are available at www.aiadc.org.
Thursday, August 20, 2009
Report Shows Many Children Not Riding in Child Car Seats
Children are required by law to ride in child safety seats. A recent report found many people who drive children are violating the law and putting children at major risk of danger, including death.
The report - done by the U.S. Department of Transportation - found that half of all children between ages zero and seven, who were skilled in car accidents, were not in child safety seats.
Parents and others who drive yound children should be sure the children are in child safety seats and the seats are used properly. A good brochure from the government on child safety seats is on the Department of Transportation's website, www.dot.gov.
The report - done by the U.S. Department of Transportation - found that half of all children between ages zero and seven, who were skilled in car accidents, were not in child safety seats.
Parents and others who drive yound children should be sure the children are in child safety seats and the seats are used properly. A good brochure from the government on child safety seats is on the Department of Transportation's website, www.dot.gov.
Woman Recovers Damagers After Suffering Injuries From Dog Bite
Each year, over 5 million people suffer dog bite injuries. A recent case is a reminder that dog bite victims can make a claim to recover compensation for their injuries.
Janet H. was walking near her home when a pit bull left unattended by its owner bit her, causing severe injuries. Janet made a claim against the dog's owner, and a court awarded her damages. The court applied a rule most states follow: dog owners are liable for injuries their dog cases even if the dog hasn't hurt anyone before (provided the victim did not ignore warnings the dog might bite).
Janet H. was walking near her home when a pit bull left unattended by its owner bit her, causing severe injuries. Janet made a claim against the dog's owner, and a court awarded her damages. The court applied a rule most states follow: dog owners are liable for injuries their dog cases even if the dog hasn't hurt anyone before (provided the victim did not ignore warnings the dog might bite).
Obtaining Witness Information After an Accident
If you are in an accident, witnesses can be a big help, especially if there's a dispute over what happened.
At the scene of a car, slip and fall or other accident, get the names, addresses and work and home phone numbers of witnesses. Try to get this information from all witnesses. This includes workers, others at the scene, and people nearby. The reasons are that some people may move away or have trouble remembering details of the accident. Also, some witnesses see or hear things from different places, so it may be necessary to have information from several witnesses to fully piece together what happened. Questions may arise about conditions at the scene, like weather or lighting. So witnesses may be helpful even if they did not see everything.
After an accident, it may be hard to think clearly and you may just think other people will get witness information. But don't assume that other parties to the accident or the police (if they respond to the accident scene) will get witness information. Obtain this information yourself. It can go a long way to help you get the maximum compensation for your accident injuries and losses.
At the scene of a car, slip and fall or other accident, get the names, addresses and work and home phone numbers of witnesses. Try to get this information from all witnesses. This includes workers, others at the scene, and people nearby. The reasons are that some people may move away or have trouble remembering details of the accident. Also, some witnesses see or hear things from different places, so it may be necessary to have information from several witnesses to fully piece together what happened. Questions may arise about conditions at the scene, like weather or lighting. So witnesses may be helpful even if they did not see everything.
After an accident, it may be hard to think clearly and you may just think other people will get witness information. But don't assume that other parties to the accident or the police (if they respond to the accident scene) will get witness information. Obtain this information yourself. It can go a long way to help you get the maximum compensation for your accident injuries and losses.
Choosing the Right Personal Injury Lawyer After an Accident
If you are in a car, slip and fall or other kind of accident, one of the key decisions you will make is choosing the lawyer to represent you in your injury claim. Choosing the right attorney can impact whether you receive full compensation for your injuries and losses or bear some or even all of the damagers yourself. Here are some key factors to evaluate when selecting a personal injury lawyer after an accident.
- Experience. Successfully handling personal injury claims is complex, and it helps to have experience: hands-on dealing with insurance companies and their adjusters and knowledge of how insurance companies operate. A lawyer who has this experience and knows tactics insurance companies use to try to lower accident payouts is better able to guide you through the process and get you fair compensation.
- Skills. A lawyer with skills to negotiate your settlement and also courtroom skills in case the insurer won't settle fairly and your case must go to trial is a plus. Though most injury claims are settled without a trial, an attorney with trial skills won't be pushed around by a big insurer. This goes a long way to getting you the compensation you are entitled to obtain.
- Resources. Moving a claim forward can require significant resournces, including having the ability and finances to hire experts who can help reconstruct and present what happened. A personal injury lawyer with access to skilled experts - and who can help pay for these people while your claim is being pursued - is a valuable asset on your side.
- Representing your interests. A lawyer is sensitive to your needs and helpful to you in the process is a benefit. You and your lawyer are a team, and it is better to have a good working relationship.
- Knowledge of the law. You need a lawyer who knows the law of recovering compensation for personal injuries. Rules of "negligence", "fault", and damages" are complex, as are court procedures and many other legal issues. You want a lawyer who knows all the rules.
After an accident, it is vital to choose the right lawyer to handle your claim. Our law firm has the skills, experience, resources, knowledge and commitment to our clients to effectively handle auto and other accident claims. Our goal is to help you get the most compensation the law entitles you to receive for your injuries.
Tuesday, June 9, 2009
Answers To Frequently Asked Personal Injury Questions
Many people who have been in an auto or other kind of accident call us with questions. Here are answers to some often-asked ones.
Q. I was hurt in an accident and want to make a claim, but I'm concerned about legal fees. How will I be charged?
A. Most personal injury claims are handled on a contingent fee basis. This means there's no fee unless there is a recovery (there may, however, be court and other costs). The fee is a portion of the recovery.
Q. If I make a claim, how long will my case take?
A. The answer depends on several factors, including your injuries and the other side's willingness to resolve the matter. Many claims are resolved fast, while others -- often because the person's damages are not known for a while -- take longer. Every effort will be made to resolve your claim quickly, with the goal being to get you the maximum compensation.
Q. I was hurt in an accident and want to make a claim, but I'm concerned about legal fees. How will I be charged?
A. Most personal injury claims are handled on a contingent fee basis. This means there's no fee unless there is a recovery (there may, however, be court and other costs). The fee is a portion of the recovery.
Q. If I make a claim, how long will my case take?
A. The answer depends on several factors, including your injuries and the other side's willingness to resolve the matter. Many claims are resolved fast, while others -- often because the person's damages are not known for a while -- take longer. Every effort will be made to resolve your claim quickly, with the goal being to get you the maximum compensation.
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