Workplace Injury

Workers Compensation

What is it?

It is a system, created by statutes that allow an employee who has been injured during the course of their employment to receive a percentage of their income while they are unable to work.

How does it work?

When an employee is injured at work, their employer has workers’ compensation insurance available to pay the employee their workers’ compensation benefits for period of time until the employee returns to work. Many times these benefits are paid without incident. There are times, however, when an employer contests the employee’s claim for benefits, asserting that the injured did not occur during the course of employment, or that the disability caused by the injury does not prevent the employee from returning to work.

If the employer contests the injury or the disability, then the employee can request that a hearing be scheduled.

In New Hampshire, these hearings are held before w hearings officer at the Department of Labor.

In Massachusetts, these can be held in front of a conciliator, or an administrative law judge, depending upon how far the case has progressed.

Both states allow for decisions unfavorable to either party to be appealed.

What if my employer’s negligence caused my injury?

The issue of negligence as to the employer is not part of the workers’ compensation equation. The worker’s compensation laws are designed to avoid litigating whether the employer was negligent. The usual issues to be decided in a workers’ compensation case are: how badly was the employee hurt? And, Can he/she return to work?

How do I pay my attorney?

If you receiving workers’ compensation benefits, then you usually don’t need an attorney to become involved in your case. If your employer stops paying benefits, or refuses to pay benefits altogether, then an attorney can be of assistance to you. Once a favorable ruling is received by the injured worker, a percentage of that award is paid to the attorney. If no award is given, then no attorney’s fees would need to be paid. This is much the same as a contingency fee in a motor vehicle accident, but the attorney’s fees are limited by the workers’ compensation laws.

If you believe that you are entitled to be receiving workers’ compensation benefits because you were hurt at work, please contact us to discuss your case more in detail.

In New Hampshire: (603) 894-4141

In Massachusetts: (978) 989-9944

This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.