Legal Question in Workers Comp in Massachusetts

Re: Atterney fee's for a settlement

If you are permanently disabled, you should also apply for Social Security Disablity Income benefits. Generally, you cannot receive benefits for permanently disability under Massachusetts Workers Compensation law until you have been out of work and collecting temporary total disability benefits for 3 years. Then the rate of payments increases from 60 % to 66 2/3 % . A settlement generally does not occur as early as one year from the injury, unless all parties agree that you will not work for a considerable time in the future and the settlement amount itself is quite generous. All settlements have to be approved by an administrative judge or administrative law judge at the Department of Industrial Accidents as being in your best interest, NOT the insurance companies best interest.

Attorney's fees are generally 20% of the settlement amount. Under certain circumstances (which may not apply here) the Attorney's fee can be 15%.

It good practice to consult with an attorney before accepting a settlement if your injuries are serious, as they may well impact your future livelihood.

I hope this helps. Good Luck!

Channing Migner

Cline & Migner, P.C.

44 Front Street, Suite 290

Worcester, Massachusetts 01608-1712

Telephone: 508-792-6060

Toll Free: 800-332-0116

Facsimile: 508-797-1177

Email: [email protected]

www.worcesterlaw.com

Or

Marlborough Office:

The Victoria Building

277 Main Street

Marlborough, Massachusetts 01752

Telephone: 508-480-0818

Facsimile: 508-624-7019

This information is not, nor is it intended to be, legal advice.

You should consult an attorney for individual advice regarding your own situation.

This is not intended to establish an attorney/client relationship.

Re: Atterney fee's for a settlement

Attorney's fees are determined by statute.

More important, it sound that with a permanent disability, the employer may be trying to pull it over your eyes. So before you take another breath, put an attorney onboard.

should you have any further questions, contact me.