Worker's Compensation

Worker’s Compensation

What are my rights if I’m injured on the job?

It’s especially important to have an attorney who will stand up for you when you can’t. If you have a work-related injury, we can determine the benefits you may be entitled to receive from your employer and its insurance company. We will also review how the injury occurred to determine whether you may have any other potential claims against third parties who may be responsible for causing your injury.

In addition, if you have been denied benefits, or if you are unsure whether or not a disability is work-related, we can help.

We have the expertise and resources available to handle the complexities of the workers’ compensation law, social security and related disability laws, as well as potential third party claims, including but not limited to, auto accidents, product liability, chemical exposures, construction site injuries, and medical malpractice. Call us to see how we can help; telephone inquiries are welcome.

Workers’ Compensation Successes

We represented an employee of a Boston hospital who was raped on two occasions by a hospital patient. As a result of these rape incidents, the woman developed significant depression causing permanent and total disability. She was treated for several years at a psychiatric hospital in South Carolina and had recently begun to respond to a new class of drugs, leading a better quality of life. Acting on her behalf, we negotiated a settlement in the amount of $2 million, which was the largest workers’ compensation settlement in Massachusetts. The Wynn & Wynn team that handled this case was Thomas J. Wynn and John J. O’Day, Jr.

Some Facts About Employment Law

Have you been injured at work? Suffered a heart attack, nervous breakdown, or stroke at work?

Under Massachusetts General Law, you and your family may be eligible to receive Workers Compensation benefits, even if you had a pre-existing condition. Whenever you have been injured at work, you should see an attorney as soon as possible. In most cases, your attorney fees will be paid by the insurance company, when successful.

When you have been injured at work, the law provides for only three things.

  1. The Law provides for sixty percent (60%) of your Average Weekly Wage (AWW) for temporary total disability (less, if you are only partially disabled or working part time.) Your AWW is defined as your average pay over the course of your employment, up to 52 weeks before your injury, including any bonuses or overtime. Nonetheless, it does not include other benefits such as health insurance. The maximum time you can receive benefits under total disability is three years, and the maximum time you can receive partial disability benefits is five years. However, the maximum time you can receive benefits under both partial and total disability is seven years.
  2. The Law also provides for medical treatment that is necessary, reasonable and related to your injury.
  3. The Law provides for any permanent loss of function and scarring. Scarring is limited to your hands, neck and face only, regardless of severity.

Do you believe that you have been discriminated against in the work place?

If you have been terminated from your employment, denied or passed over for a promotion, there are a number of questions to address in order to determine whether or not you may have a potential legal claim.

Massachusetts is governed by the “At Will“ Employment Doctrine. This simply means that either the employer or the employee is free to terminate the employment relationship at any time without cause for any reason. However, there are some exceptions to the Employment At Will Doctrine.

The exceptions that would be reviewed by an Attorney in determining whether or not there is legal action would include whether or not there was a contractual relationship, whether or not a collective bargaining agreement existed, whether or not termination violated a public policy or statute, and whether or not there was discriminatory intent involved in the decision. If you believe you have been wrongfully terminated from your employment or denied a benefit of employment, you should contact an attorney. Wynn & Wynn, P.C. has experienced, knowledgeable attorneys who can answer your questions.