“Initiative” claims are claims to reopen older workers` compensation claims that have been closed for more than five years. These claims may include a request to add a new medical condition or to reopen a claim that has already been accepted because the condition has deteriorated. Insurers must pay lawyers to receive these benefits. In Massachusetts, workers` compensation laws dictate how and how much a lawyer is paid to represent an injured worker. These lawyers` fees for the employee`s lawyer are the only lawyers` fees that can be charged under the Workers` Compensation Act. The employee`s lawyer is hired on a contingency fee basis. This means that the lawyer will not be paid until the case has been decided and the employee has been successful. The amount and who pays the legal fees depends on the stage of the compensation process at which the employee reaches the claim. The law sets predetermined fees for each stage or stage of workers` right to compensation.
Hearing: If one of the parties, the employee or insurer, appeals the conference order, the next step in the employee claim is the hearing. The hearing is evidence in which the employee and other witnesses testify. If the employee defends or pursues the claim, the judge will order the insurer to pay the injured employee`s lawyer predetermined attorney`s fees and reimburse the lawyer for all costs. Our fee agreement covers all possible disputes that may arise and determines how we are paid. There are two common themes throughout the fee agreement: If the injured employee sues a third party for bodily injury, he or she will generally hire the personal injury lawyer (who may be the same lawyer who handles the employees` compensation claim) on a contingency fee basis. This means that the lawyer receives a percentage of the amount of a settlement or judgment. However, the lawyer`s fees depend on his success in the case. The injured employee and the lawyer in the event of bodily injury to a third party must have their contingency fee agreement in writing and sign it in order to be enforceable. These third-party negligence agreements do not fall within the scope of the Massachusetts Workers` Compensation Act. Arbitration: If an employee is injured on the job and the employer`s insurance company refuses to pay compensation or pays less than the injured employee is entitled to, the employee may hire a lawyer to make a claim. The first step in an employee`s right to workers` compensation is arbitration. If the insurance company agrees to pay benefits in arbitration, workers` compensation laws require the insurance company to pay the employee`s lawyer a certain predetermined amount […].