Boston Upper Body Workplace Injury Lawyer

Boston Personal Injury Lawyer

Workplace injuries involving the upper body are unfortunately common. These on-the-job injuries may be caused by any pushing, pulling, or lifting motion such as a back strain from lifting a heavy file box.

An employee is generally entitled to workers’ compensation benefits for upper body injuries suffered in the course of employment. However, workers’ compensation insurers are notoriously reluctant to pay claims, so an injured employee might have difficulty obtaining the necessary benefits.

A Boston upper body workplace injuries lawyer who understands these types of cases could help with the application and denied claims process to work toward a successful outcome. A knowledgeable workers’ compensation attorney could review the details of your situation and develop a strategy to help you receive the benefits you deserve.

Will My Pre-Existing Condition Affect My Upper Body Work Injury Claim?

In many cases, workers’ compensation insurers deny claims for benefits on the grounds that an employee’s injury is the result of a pre-existing condition.

However, Mass. Gen. Laws ch. 152, §1(7A) states that when a pre-existing condition combines with an injury or disease that is covered by workers’ compensation, and the injury or disease that is attributed to the work activity is “a major cause” of the disability and need for medical treatment, the claim for benefits should not be denied.

Filing a Workers’ Comp Claim for an Upper Body Injury in Boston

Employees who suffer an injury to the upper body while at work should report the incident to their employer as soon as possible. The employer will then report the incident and injury to the workers’ compensation insurance provider.

The employee should also seek prompt and thorough medical attention. Not only does such care provide the best chance for physical recovery, but it also provides evidence when seeking monetary compensation through a claim or lawsuit.

If an employer refuses to report the incident to its insurance company or if the claim is denied, the employee may file a workers’ compensation claim with the help of a Boston workers’ compensation lawyer through the Department of Industrial Accidents (DIA) by filing a Form 110 Employee Claim. Then a claims process begins that can extend through four stages of conciliation, conference, evidentiary hearing, and a three-judge panel of the DIA Reviewing Board.

Conciliation

In conciliation, the injured employee, the insurer, and their attorneys meet informally with a DIA staff member to resolve the dispute after reviewing medical documentation. In a conference, the employee, the insurer and their attorneys meet with an administrative judge to review evidence. The judge may then issue an order.

Evidentiary Hearing

In a full evidentiary hearing, the Massachusetts rules of evidence apply, and the case is handled like a trial. If the hearing decision is appealed, the case is heard by a three-judge panel of the DIA Reviewing Board.

Employees seeking benefits should seek the representation of a Boston upper body workplace injuries attorney during the appeals process to increase their chance of a favorable outcome. The insurance company will likely make use of experienced legal staff, so injured employees deserve to have a similar legal advantage.

Call Our Boston Upper Body Work Injury Attorney for Help

Injuries to the upper body can make it difficult to work and engage in daily activities. Those injured on the job may be entitled to recover benefits to cover the costs of medical expenses and provide payments for lost wages.

If you were injured during the course of your job duties, a knowledgeable Boston upper body workplace injuries lawyer could help you pursue the available benefits to help you recover. Consult with a Boston personal injury attorney today at (617) 925-6407 to discuss your legal options and begin moving forward with your life.

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Attorney Sheehan has been serving the needs of Boston-area residents since 1993. Our mission is to ensure complete client satisfaction and to obtain the maximum possible settlement or verdict for our clients.

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El abogado Sheehan ha atendido las necesidades de los residentes del área de Boston desde el 1993. Nuestra misión es garantizar la satisfacción de nuestros clientes y obtener el mejor acuerdo posible en sus casos.

"John Sheehan is a highly knoweldgable and all around amazing lawyer!" Si volvemos a necesitar un abogado para algo en el futuro, USTED será a quien llamemos.

I was injured at work in 2019 and John and his team made the process as simple as anyone could!! They took care of everything! The only thing I had to do is rest and go to doctor appointments! I would HIGHLY recommend anyone looking for an attorney to hire John Sheehan - if you would like a nice and easy process in a highly stressful situation and on top of it attorney Sheehan will get you the maximum of what your case is worth!

John Sheehan y su personal son muy amables, corteses, rápidos y explican todo a fondo. Hicieron un trabajo maravilloso para mi esposo y para mí y no podría recomendar un abogado más calificado. Hizo TODO lo que pudo por mi esposo y por mí a través de la compensación de trabajadores. He recomendado y continuaré recomendando a John a cualquiera de mis amistades que necesiten sus destrezas. Trabajo asombroso. John, Muchas gracias tanto de Al como de mí. No puedo agradecerte lo suficiente por hacer todo lo posible por nosotros. Cada vez que teníamos una pregunta, devolvía nuestras llamadas rápidamente. Esperamos no haberte vuelto loco. Si alguna vez necesitamos un abogado para algo, USTED será a quien llamemos. Muchas gracias de nuevo. ¡Gran trabajo! John, me gustaría darte las gracias aunque Judy ya lo hizo. Usted es el major y el personal de su oficina responden llamadas en seguida. Definitivamente lo recomendaremos a nuestros amigos si necesitan sus servicios. ¡Gracias nuevamente por un trabajo bien hecho!

- Jon P. (Google) Judy y Al Crowe
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