Workers' Compensation
			
			
			 
			
	 		Workers' Compensation is a benefit that is available
			to nearly all employees who suffer an injury that
			arose out of and in the course of their employment.  
			Work related injuries typically covered by workers'
			compensation include:
			
			- carpal tunnel/repetitive trauma injuries;
			
- hearing problems;
			
- work-related emotional problems;
			
- work-induced heart attack or stroke;
			
- occupational diseases such as asbestosis and
				dermatitis;
			
- disfigurement and scarring of face, neck or hands;
			
- asthma or other work related pulmonary conditions;
			
- loss of use of limbs; and
			
- eye injuries
			
If you have been injured at work you may be entitled
			to receive benefits for temporary total disability, 
			partial disability, total and permanent disability, 
			loss of function, disfigurement, medical benefits, 
			vocational training	benefits, and in certain cases, 
			double compensation	benefits.  
			Survivors/dependents of employees who
			are killed at work or who die from a job injury
			may also be entitled to death benefits.
			
			Who Pays For Workers' Compensation?
			
			
			
			The cost of the workers' compensation benefits for
			injured employees or their families is paid	by the 
			employer. Most employers have insurance that covers
			the cost of providing injured employees with 
			workers' compensation benefits.  In many states,
			there is a special fund for injured employees 
			whose employer is not insured.  In some states, 
			such as Massachusetts, an injured employee may 
			bring a personal injury action under Tort Law in
			the Civil Courts against an employer who did not
			have workers compensation insurance when the 
			employee was injured.
			
			
			
			Are There Other Benefits To Which I Am Entitled?
			
			
			
			Injured employees who are unable to work for
			more than one year or whose disability will
			clearly last for more than a year may be 
			eligible for social security disability benefits.
			Social security disability can provide significant
			additional benefits to you and your family in
			addition to your social security benefits.  In
			Social security may also provide
			Medicare coverage after the second year of
			social security entitlement.  this may be
			important since may injured employees on workers'
			compensation have their health care insurance 
			canceled after being out of work for a period of
			time.
			
			
			
			What If My Injury Was Caused By Another Person's Negligence?
			
			
			
			If someone other than the employee, co-employee, or
			the employer, is at fault in causing the employee's
			injury, the employee or the workers' compensation
			insurance company may be able to bring a suit
			against the negligent party (called a third party).
			If the employee or insurer receives monies in the
			third party lawsuit, the workers' compensation
			insurer generally has a right to be reimbursed for
			a portion of the benefits they had previously paid.
			Since the employee can seek recovery for all damages
			in a third party lawsuit, including for pain and
			suffering, the third party recoveries are usually
			larger than the workers' compensation payments.
			Therefore, it is often in the injured employee's
			best interest to pursue actions against negligent
			third parties, even though the employee may have
			to reimburse the workers' compensation insurer for
			some of the benefits paid.  If the employee is
			successful in his or her third party lawsuit,
			the workers' compensation insurer may also have 
			to pay a proportionate share of the employee's legal 
			fees incurred in the third party lawsuit.		 
			
	
			
			
			Why Should I Hire An Attorney?
			
			
			
			In order to be eligible for workers compensation
			benefits, your case will need to be heard by a 
			conciliator or administrative judge at the Department
			of Industrial Accidents.  
			The insurance company for your employer will be represented
			at the Department of Industrial Accidents.  Shouldn't you
			also have experienced counsel present.  
			
			
			
			How Much Will It Cost To Hire An Attorney?
			
			
			
			There is never a fee for our initial consultation.
			In addition, the law generally requires that if you 
			are
			successful in your claim for workers' compensation
			benefits, your employer's insurer must pay your
			lawyer's legal fees.  If your claim is settled
			as a lump sum, then the lawyer generally collects a 
			percentage of the recovery.  In addition, your 
			attorney's out-of-pocket expenses in preparing 
			your case are generally also paid by the insurer.  
			There are only some costs that an employee may have 
			to pay initially, and eventually seek reimbursement 
			from the insurer. If you have questions about a
			potential workers' compensation claim you should
			contact a competent attorney immediately for a 
			free consultation.
			
			
			
			How Can I Get More Information?
			
			
 
				 
		 	If you or someone you know have been injured at work, 
			it is important to obtain immediate 
			legal help from a competent attorney.  Call Toll Free
			1-(866) 461-9400 for a Free	Consultation.
			
     
			
			
			
			
			Our law firm, together with the network of other 
			law firms that we work with, helps victims of
			personal injury nationally.
			
			
			
			
   			 
    			
	  		 	
       			Law Office of Joseph A. Hernandez
       			675 VFW Parkway #312
       			Chestnut Hill, MA 02467
       			Phone: (781) 461-9400
				Toll Free: (866) 461-9400
       			Email:  jah@hernandezlawoffice.com
				Please be sure to include a telephone number where you can be reached.
      			
				
				
    		
			
			
			
 
			
			      
		     
			 
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