Sustaining an occupational injury can be equally painful and frustrating. If you or a loved one experienced a devastating injury while at work, consider learning about the role of a Boston workers’ compensation lawyer. He or she could examine the circumstances surrounding the injury and work to secure fair compensation. Call and schedule a consultation with a dedicated workers’ compensation attorney to start reviewing potential legal options.
Elements of a Workers’ Compensation Claim
The role of a Boston workers’ compensation lawyer generally becomes prevalent when an injured worker is not receiving appropriate benefits or has had their benefits terminated. An attorney who understands disputes regarding occupational injuries could assist an injured individual by working to demonstrate certain elements of a workers’ compensation claim. These elements typically include showing:
- The person suffered an injury in the course of their employment
- The injury is disabling and continues to be disabling
- The injured worker requires medical treatment
- The injury, disability, and need for medical treatment is causally related to the work accident
In many cases, an attorney may seek the assistance of a medical expert or the opinion of the treating physician to help address all of the elements of a workers’ compensation claim. This assessment is often completed once the injured worker has reached maximum medical improvement. Furthermore, a person may need to show a permanent loss of function in addition to the previously stated elements.
Impact of Pre-Existing Non-Work Related Medical Conditions
It is common for a person who has suffered an occupational injury to also have pre-existing non-work related medical conditions. For example, a person may have degenerative conditions involving his or her spine, neck, back, shoulder joints and knees. Often, these degenerative conditions are not symptomatic and the injured worker is not even aware of them. After a work accident, an x-ray or another diagnostic test such as a CT-Scan or MRI may show degenerative changes. This can complicate things from the standpoint of workers compensation. The insurance company typically will try to blame everything on the degenerative changes and argue that the work accident has nothing or very little to do with the injured person’s painful symptoms, disability, and need for medical treatment.
Fortunately, the Massachusetts workers comp statute allows an injured worker with a pre-existing non-work related medical condition to qualify for workers compensation benefits. However, the statute also stipulates that the treating doctor or a medical expert needs to substantiate the claim that the work injury combined with the pre-existing condition has remained a major cause of the injured person’s disability and need for medical treatment. This type of claim is often highly disputed and involves a lot of litigation and legal arguments which stem from both sides concerning pre-existing conditions and major cause analysis.
Inquiring About the Role of a Workers’ Compensation Lawyer in Boston
Following an incident where a person suffers a severe work-related injury, he or she may wish to pursue workers’ compensation benefits. However, some employers and insurance companies may dispute a person’s claim or attempt to deny benefits. As a result, an injured individual may benefit significantly from learning about the role of a Boston workers’ compensation lawyer. An attorney could assess the factors which may have contributed to the injury and potentially help identify effective legal arguments. Call and schedule a legal consultation with an experienced workers’ compensation lawyer as soon as possible.