$1.2 million — Workers’ Compensation
$750,000 — Construction Site Injury
$600,000 — Motor Vehicle Accident
$500,000 — Workers’ Compensation
$475,000 — Products Liability
$450,000 — Workers’ Compensation
$400,000 — Motor Vehicle Accident/Products Liability
$375,000 — Workers’ Compensation
$360,000 — Workers’ Compensation Third Party Action
$350,000 — Workers’ Compensation
$335,000 — Workers’ Compensation
$290,000 — Workers’ Compensation
$275,000 — Workers’ Compensation
$267,000 — Slip and Fall
$250,000 — Workers’ Compensation
$245,000 — Motor Vehicle Accident
$195,000 — Car Accident
$150,000 — Workers’ Compensation
$84,448 (Annual Payment) — Workers’ Compensation
Created by the state legislature, the Massachusetts Workers’ Compensation System provides for rights that are very different from the usual rights injured people have under the tort system. This is because injured workers are usually unable to file civil actions against their employer or a fellow employee, regardless of the responsibility that person may have had for their injuries. Instead, the system allows the injured worker to file for workers’ compensation benefits that are made available through workers’ compensation insurance held by the employer for this purpose. Employers in Massachusetts are required by the law to have this type of insurance coverage in order to protect their employees in case of accidents and injuries that may occur. If an employer fails to maintain this type of insurance coverage, he can be subject to legal penalties, which include but are not limited to fines and criminal action.
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Attorney Joseph M. Burke brings more than 30 years of experience in the representation of injured workers and their families concentrating his practice in Workers’ Compensation, including traumatic brain injury, construction site, and workplace injury; motor vehicle negligence; product liability and defective premises.
Attorney Burke not only understands Massachusetts Workers’ Compensation Law, he knows how to bring cases to resolution. He has been involved in 5 workers’ compensation lump sums of a Million Dollars or more. He obtains these results for his clients because insurers know that he is willing and able to pursue matters for however long it takes to get his clients the results they deserve, as evidenced by his role of counsel of record in numerous appellate decisions.
Material presented on the Burke and Burke, P.C. website is intended for information purposes only.
It is not intended as professional advice and should not be construed as such.
Workers' Compensation & Personal Injury Trial Attorney
Joseph M. Burke
In addition to having medical bills paid in full, an injured worker would also be entitled to receive a portion of his average weekly wages paid by the designated workers’ compensation insurance provider. The amount the injured worker would be entitled to receive in lost wages is not the same as the amount the injured person typically earns on a weekly or monthly basis. Wage reimbursement under the Massachusetts workers’ compensation system is paid at a rate determined by the Massachusetts Workers’ Compensation Act, and is typically lower than the amount the injured party received directly from his employer. An experienced workers’ compensation lawyer can advise you as to the amount available to you in lost earnings capacity, based on the current Massachusetts “State Average Weekly Wage” schedule, and a review of your past work history and earnings record.
Although parts of the Massachusetts Workers’ Compensation Act can get very technical, there is a general theme to these types of claims. In most cases, the worker who was injured has the right to have the medical bills related to the accident paid in full by the employer’s workers' compensation insurance. These claims differ from tort actions because the injured party does not need to prove which party is at fault for the accident which caused the injury, but rather must only show that said injuries have a direct relationship to his employment. For instance, let’s say an employee suffered serious injuries from a car accident that occurred during his or her commute to the workplace. This person would, in all likeliness, not receive workers' compensation. This is because the injury occurred outside of the scope of the worker’s employment. On the other hand, let’s say that this same injury occurred as this person was leaving his or her home to drive and attend a business meeting. In this scenario, the injuries could be covered by workers’ compensation, regardless of whether the employee was at fault in the accident. A third, clear example, would be when an injury occurs during the course of ordinary work requirements. For example, let’s say a mover who has been hired to deliver furniture experiences a horrible injury to his or her back during the course of lifting a heavy couch onto the truck. This worker would have his or her medical bills taken care of by worker’s compensation.
In the event of a work-related injury, the first priority is to seek immediate medical treatment from the appropriate medical provider or emergency room. Matters relating to eligibility for workers’ compensation benefits can be explored and arranged after all injuries have been attended to. Once
treatment has been rendered, the injured party should promptly notify his or her employer of the accident, including the approximate time and date of the injury, the location of the injury, how the injury occurred, and the identities of all persons present when the injury occurred. It is also strongly recommended that the injured party contact an experienced workers’ compensation lawyer before providing any further information to any other individuals, including the designated workers’ compensation insurance representative. Instead, the employee should be counseled on the full range of her or his legal rights, including the right to potentially receive additional benefits through what is commonly known as a “third party action.”
There are thousands of hardworking people that experience a serious injury or die in workplace accidents. These injuries may differ from those that occur outside the workplace because of the type of claim that can be made. When a worker is injured while doing his or her job, he is often unable to make a negligence claim, which can significantly limit case value. Attorney Burke considers all aspects of the underlying facts of an industrial accident in search of a third party other than the employer or co-employee in an effort to maximize the value of a case. When he searches for legal options, he always looks for remedies in addition to the Massachusetts Workers’ Compensation System which is not necessarily an injured employee’s only option.
"Be wary of people who tell you what your case is worth in the first meeting. Neither I nor anyone can tell you the value of your case during the initial consultation. The valuation of a case involves a complex, thorough and thoughtful process that cannot possibly take place in an intake interview. The process requires time, investigation and a commitment to be certain the result is in the injured worker’s best interests.”– Attorney Joseph M. Burke
Attorney Burke will take the time to go through the facts of your case with understanding, fairness, and candor. He will give you an honest explanation of how long your case could take. He wants you to understand there is no guarantee that there will be or should be a settlement, and that a client’s best long-term interest is rarely satisfied when a case settles quickly. He goes the distance for his clients.