Fall River Workers' Compensation Lawyer
Workers’ compensation is a no-fault insurance system designed to ensure that employees who are hurt on the job or who suffer from an occupational illness receive prompt medical care and partial wage replacement without having to sue their employer. In Fall River, the system is governed by Chapter 152 of the Massachusetts General Laws and administered by the Department of Industrial Accidents (DIA). Employers with even one employee are required to carry workers’ compensation coverage.
Unlike personal injury claims, you must not prove negligence to obtain workers’ compensation benefits. The claim should be covered if the injury “arises out of and during employment,” unless a statutory exclusion applies. At the same time, the law restricts what you can recover: pain-and-suffering damages are unavailable, and wage benefits are capped. That is why having an experienced Fall River personal injury team on your side to shepherd your claim and to explore additional third-party remedies is crucial.
Who Is Eligible for Workers’ Compensation in Fall River?Eligibility is broader than many workers realize. You may qualify if you fall into any of the following categories:
- Employees of any size company, including part-time, seasonal, and temporary staff
- Undocumented or non-citizen workers; immigration status does not bar benefits
- Minors legally employed in Massachusetts
- Volunteer firefighters or public-safety officers, in certain circumstances
- Domestic workers employed for more than 16 hours per week by the same household
- Ride-share and gig workers who meet the test for employee status under Massachusetts law
- Contractors misclassified by the employer, courts look at the reality of the work relationship, not the label
- Medical treatment. 100 percent of reasonable and necessary medical expenses, with no copays or deductibles, including surgery, physical therapy, prescriptions, prosthetics, and mileage reimbursement to appointments. These benefits are paid at Massachusetts Workers’ Compensation rates.
- Temporary total disability (TTD). Weekly payments of 60 percent of your pre-injury average weekly wage (AWW), up to a maximum of 100 percent of the state average weekly wage. For injuries in 2025, the cap is $1,829.13 per
- Temporary partial disability (TPD). If you can work light duty or part-time, you may receive up to 75 percent of what your TTD rate would have been.
- Permanent and total disability (PTD). For catastrophic injuries that permanently prevent gainful employment, benefits increase to two-thirds of your AWW, subject to the same weekly cap, and may last indefinitely.
- Specific injury and scarring awards. Lump-sum payments for permanent loss of function or disfigurement, calculated under the body-part schedule in M.G.L. c. 152, § 36.
- Survivor and dependency benefits. If a work-related injury or illness is fatal, a spouse and dependents may receive up to two-thirds of the worker’s AWW, plus burial expenses up to eight times the state average weekly wage.
- Vocational rehabilitation. Job retraining and education services are designed to return you to suitable employment.
The hours and days after an incident are critical. To protect your health and your claim:
- Seek immediate medical attention. Tell every provider that your condition is work-related so that billing is routed correctly.
- Report the injury to your supervisor in writing as soon as practical, and no later than 30 days. Failure to give notice can jeopardize benefits.
- Document everything. Take photographs of the hazard, gather witnesses' names, and save pay stubs showing your earnings.
- Follow the doctor’s instructions precisely; missed appointments or non-compliance give insurers ammunition to cut off benefits.
- Consult a workers’ compensation lawyer early. Initial consultations with Jeffrey Glassman Injury Lawyers are free, and legal fees are contingent on winning benefits, so there is no financial barrier to getting advice.
Even though the system is designed to be “no-fault,” insurers routinely deny or undervalue claims. Retaining counsel can help you:
- File timely and accurately. Our team prepares all DIA forms, ensuring that they contain complete and compelling medical and wage data.
- Challenge misclassification if the employer claims you are an independent contractor.
- Calculate the correct average weekly wage, including overtime, bonuses, and concurrent employment.
- Coordinate medical evidence by obtaining narrative reports and expert testimony that link your condition to workplace factors.
- Negotiate lump-sum settlements for future wage loss, medical needs, and potential third-party liens.
- Appeal denialsthrough conciliation, conference, and hearing before an administrative judge.
- Identify additional defendants. Faulty equipment manufacturers, negligent subcontractors, or property owners may owe damages beyond workers’ compensation limits.
Jeffrey Glassman Injury Lawyers has decades of experience securing benefits for workers on the South Coast. When you hire us, you get:
- Local insight. Our attorneys are familiar with the Fall River Industrial Park, Charlton Memorial Hospital, and the fishing docks on the Taunton River, where many injuries frequently occur.
- Resources to battle insurers. We build robust cases with the assistance of orthopedic surgeons, vocational experts, and life-care planners.
- We have aggressive negotiation skills. Insurers recognize our willingness to proceed to a hearing, which often results in higher settlements.
- Seamless communication. Clients receive direct attorney cell numbers and a secure portal to upload documents.
- No upfront cost.Our contingency structure means we are paid only when you recover benefits.
If an insurer denies your claim or stops your benefits, Massachusetts provides a four-level dispute-resolution pathway:
- Conciliation. A DIA conciliator meets informally with the parties to encourage a mutually agreeable resolution. Roughly half of the disputes are resolved here.
- Conference. If conciliation fails, an administrative judge holds a non-evidentiary conference and may issue a temporary order.
- Full evidentiary hearing. This trial-like proceeding involves sworn testimony, medical depositions, and cross-examination.
- Review Board and Appeals Court. Adverse decisions can be appealed to a three-judge DIA panel and, ultimately, the Massachusetts Appeals Court.
Strict deadlines apply, generally 14 days to contest a termination of benefits. If you miss a deadline, you may lose your rights permanently.
What Compensation Am I Entitled To After I Was Injured At Work?Workers’ compensation is often the primary remedy, but it may not be the only one. Your lawyer will investigate whether you can also pursue:
- Negligent subcontractors or property owners who created unsafe conditions
- Manufacturers of defective machinery or toxic substances
- Drivers who cause on-the-job vehicle collisions
- Maintenance companies that failed to service elevators, boilers, or HVAC systems
Unlike workers’ compensation, third-party suits allow recovery for pain and suffering, complete wage loss, loss of consortium, and punitive damages. Timely action is essential; the statute of limitations for personal injury in Massachusetts is generally three years.
Frequently Asked Questions About Massachusetts Workers’ CompensationQ: “How soon will I receive my first check?” If your employer’s insurer does not begin payments within 30 days of learning of your disability, it must issue a notice explaining the delay.
Q: “Can I choose my doctor?”
Yes. After the initial emergency care, you can select any licensed provider who accepts workers’ compensation billing.
Q: “Will filing a claim get me fired?”
Retaliation for asserting workers’ compensation rights is illegal under M.G.L. c. 152, § 75 B. Victims can seek back pay and reinstatement.
Q: “What if the insurer sends me to an independent exam?”
Attend the appointment, but remember the insurer hires the doctor. Your attorney will prepare you and may depose the examiner if the report is unfavorable.
Q: “Can I settle my case for a lump sum?”
Yes, but settlements must be approved by a DIA judge to ensure they adequately protect the injured worker. Depending on the outcome of negotiations, your future medical rights may be preserved or waived.
Q: “Do I pay taxes on benefits?”
No. Workers’ compensation wage-replacement benefits are not subject to state or federal income tax.
Q: “What happens if I have a pre-existing condition?”
The claim is compensable if your job aggravated or accelerated the condition to a disabling degree.
Contact Our Fall River Workers’ Compensation Lawyers Today for a Free ConsultationA workplace injury can upend your life in seconds. Mounting medical bills, lost wages, and uncertainty about the future place tremendous stress on you and your family. You do not have to face the system alone. The dedicated legal team at Jeffrey Glassman Injury Lawyers is ready to fight for the full benefits and compensation you deserve.
- Free consultation:Call (508) 974-3304 or use our secure online form any time, day or night.
- No fee unless we win:Our success-based fee structure ensures that our priorities align with yours.
- Personalized guidance:We listen to your story, explain your rights, and develop a strategy tailored to your specific goals.
Reach out today and let us shoulder the legal burden while you focus on healing.
Fall River Office
99 S Main St #350
Fall River, MA 02721
Phone: (508) 974-3304