Legal F.A.Q.s

If I am injured at work, do I need an attorney to handle my workers’ compensation claim?

Technically, no, you do not need a workers’ compensation attorney. But if you want make sure your rights to medical and disability benefits are protected, then you will want to have an experienced and skilled workers’ compensation lawyer in your corner. Workers’ compensation insurance companies are in a for-profit industry. When they pay out claims, their revenue goes down. This means they will seek to deny your claim or make the lowest payments possible. They will have an attorney to represent their interests. That’s why you should be represented, too. Additionally, workers’ compensation law in Massachusetts, Rhode Island and New Hampshire is a complex area of the law. To make sure your claim meets all rules and deadlines, you need a lawyer with a background in workers’ compensation law who will take care of all necessary paperwork, compile medical records and consult with experts to make sure your claim stays on track and, ultimately, succeeds in obtaining the benefits you need and deserve.

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What information will you need to handle my workers’ compensation claim?

When you meet with the attorneys and staff of Kantrovitz & Associates, P.C., we will want to know all about you, including your employment and medical background. We will especially want to hear your account of how your workplace accident, injury or disabling condition occurred. Once we begin working on your case, we will compile medical records and consult with medical experts to help us determine the extent of the disability you have suffered. We may also need to seek information from your company through depositions and discovery requests. Our goal will be to show that you were gainfully employed by your company, that you were harmed as the result of a work-related accident or workplace condition and that you have been disabled in some manner as a result. Because we have extensive experience in this area of the law, we know what information will be important to your claim and what will not be important. We know what insurance companies and administrative law judges need to know about a workers’ compensation claim, and we will collect the evidence we need to relate to them.

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Will you keep me informed about my case?

At Kantrovitz & Associates, P.C., we believe that an informed client is a satisfied client. That means we will make sure you are informed about the status of your case at every stage of the process. We know your workers’ compensation claim is important to you. You need funds to pay for your hospital bills and living expenses. That’s why we want you to know how your claim is progressing and what we will need to do to make sure you get the benefits you need and deserve. We will always be available to answer your questions and address your concerns.

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Should I talk to my employer’s insurance company and settle my claim?

First, you should never discuss your workers’ compensation claim with a representative of your company’s insurer before you discuss your case with a qualified workers’ compensation attorney. You don’t want to say anything that will compromise your position and cost you your right to obtain benefits that will pay for your hospital bills and living expenses. Second, you may ultimately settle or adjust your claim. In fact, many workers’ compensation claims are resolved that way. However, to reach a settlement or agreement, you need to have an attorney by your side who will negotiate with your company’s insurance company and make sure it is a full and fair settlement or agreement. Settlements andagreements are often reached at the first stage of the workers’ compensation claims process, which is called a “Conciliation.” The next opportunity to reach an agreement is during a ”Conference” involving the parties and an administrative judge. If no settlement or agreement has been secured at that stage, your claim will go on to a ”Hearing”. If you disagree with the administrative judge’s decision, you can appeal to a “Review Board”. At Kantrovitz & Associates, P.C., we are skilled and seasoned negotiators who will work hard to resolve your workers’ compensation claim through a settlement or by way of agreement. However, we will be ready to go as far as necessary to make sure you secure the benefits you are entitled to receive.

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If I am hurt in a workplace accident, am I limited to workers’ compensation benefits?

Depending on the circumstances of your case, you may be entitled to compensation that goes beyond workers’ compensation benefits. You may also be entitled to receive Social Security disability benefits and accidental disability retirement benefits. Additionally, if you were harmed by the negligence of someone who is not an employer or co-worker, you may be eligible to file a personal injury lawsuit. In contrast to a workers’ compensation claim, you will need to prove the party was at fault for your accident and injury. If your claim is successful, however, you may be able to receive compensation that goes beyond your medical expenses and lost wages. You may also be able to receive damages for your pain and suffering and, in some extreme cases, punitive damages.

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How will I pay for your legal services?

The answer to this question depends on what shape your case takes on. If your case is entirely a workers’ compensation or Social Security disability benefits claim, there are statutes that provide for attorney fees. However, if your case involves a third-party negligence claim, a personal injury lawsuit will be filed, and the payment agreement will be different. Our firm handles personal injury claims on a contingency fee basis. This means that you do not pay us for your legal services unless we secure a favorable verdict or settlement. Our ultimate goal is to focus on your individual needs and find a payment plan that fits those needs.

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