Massachusetts Workplace Injury Lawyer Serving Brockton and Southeastern MA
If you were hurt on the job in Massachusetts, you have the right to workers’ compensation benefits — no matter who was at fault — and you have the right to a lawyer who will make sure you actually receive them. At Shea Culgin Law, attorneys Robert Shea and Joseph Culgin bring more than 40 years of combined experience helping injured workers across Brockton, Plymouth County, and all of southeastern Massachusetts. Your attorney’s fee in a successful disputed workers’ comp claim is generally paid by the insurer, not deducted from your benefits.
Workplace injuries are common and costly. Private employers report nearly 2.6 million nonfatal workplace injuries and illnesses across the United States each year, according to the U.S. Bureau of Labor Statistics. In Massachusetts, virtually every employer is required to carry workers’ compensation insurance under Massachusetts General Laws Chapter 152, which provides benefits to employees injured on the job through a no-fault system administered by the Department of Industrial Accidents.
The system is supposed to be straightforward — but insurers routinely delay, underpay, and deny valid claims. Contact Shea Culgin Law today for a free consultation or call our Brockton office at 508-510-5107.
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What Counts as a Workplace Injury in Massachusetts
Workers’ compensation covers far more than dramatic accidents. A compensable injury is generally any harm that arises out of and in the course of employment, including:
- Sudden traumatic injuries — falls, crush injuries, cuts, burns, fractures, and injuries from being struck by objects or equipment.
- Lifting and overexertion injuries — back, neck, shoulder, and knee injuries from lifting, pushing, or pulling.
- Repetitive stress injuries — carpal tunnel syndrome, tendonitis, and other conditions that build up over time from repeated motion.
- Occupational illnesses — conditions caused by exposure to chemicals, dust, fumes, asbestos, or loud noise (including hearing loss).
- Aggravation of pre-existing conditions — when work makes an earlier injury or condition worse.
- Repetitive trauma and “wear and tear” recognized as work-related by your physician.
- Psychological injuries in certain circumstances, where the predominant cause is work-related.
High-risk industries in our region — construction, healthcare, warehousing and delivery, manufacturing, and municipal work — produce a steady stream of these injuries, but workers in any job can be covered.
Benefits Available Under Massachusetts Workers’ Compensation
Chapter 152 provides several categories of benefits. The ones that apply depend on the nature and severity of your injury:
- Temporary Total Disability (Section 34): 60% of your average weekly wage while you are completely unable to work, up to 156 weeks.
- Permanent & Total Disability (Section 34A): 66.67% of your average weekly wage, with annual cost-of-living adjustments, for as long as you remain permanently and totally disabled.
- Partial Disability (Section 35): 60% of the difference between your pre-injury wage and what you can earn now, for up to 260 weeks.
- Medical Benefits: reasonable and necessary medical treatment for the work injury, with no copays or deductibles.
- Specific (Section 36) benefits: lump-sum compensation for permanent loss of bodily function or permanent disfigurement.
- Survivor benefits for dependents when a work injury is fatal.
- Vocational rehabilitation to help you return to suitable work.
For injuries on or after October 1, 2025, weekly benefits are capped at a state maximum of $1,922.48 and a minimum of $384.50, figures the Department of Industrial Accidents resets each October 1.
What to Do After a Workplace Injury
Step 1: Get Medical Attention
Your health comes first. Get treatment promptly and tell every provider that the injury happened at work — this creates the medical record your claim depends on.
Step 2: Report the Injury to Your Employer
Notify your employer as soon as possible. If your injury causes five or more calendar days of lost time, your employer must report it to its insurer and the DIA.
Step 3: Follow Your Treatment Plan
Attend appointments and follow your doctor’s restrictions. Gaps in treatment are the first thing insurers use to dispute a claim.
Step 4: Watch the Insurer’s Response
The insurer generally must begin paying or formally deny a lost-time claim within 14 days. Be cautious about “without prejudice” payments, which the insurer can modify or stop within a 180-day window.
Step 5: Do Not Sign or Give Statements Without Advice
Do not give recorded statements or sign settlement paperwork from the insurer before talking to a lawyer.
Step 6: Get Legal Help if Anything Goes Wrong
If your claim is denied, delayed, or underpaid, you can file a claim with the DIA and fight it through conciliation, conference, and hearing. A lawyer dramatically improves your odds — usually at no cost to you.
No-Fault Coverage and Who Is Covered
Massachusetts workers’ compensation is a no-fault system: you are entitled to benefits even if your own carelessness contributed to the injury, and you do not have to prove your employer did anything wrong. In exchange, workers’ comp is generally your exclusive remedy against your employer — you cannot sue your employer for negligence in most cases.
Coverage is broad. Nearly all Massachusetts employees are covered, including most part-time and seasonal workers. Independent contractors, certain real-estate and domestic workers, and some other categories may fall outside coverage — but employers frequently misclassify employees as independent contractors to avoid responsibility, and that misclassification can be challenged. If your employer illegally failed to carry workers’ comp insurance, you may have recourse against the employer directly and through the state’s Workers’ Compensation Trust Fund.
Deadlines You Must Know
- Notice to your employer: as soon as practicable after the injury.
- Filing a workers’ comp claim: generally within four years of the date you became aware that your disability is related to your employment (MGL Chapter 152, Section 41).
- Appealing a DIA conference order: within 14 days.
- Appealing to the Reviewing Board: within 30 days of the hearing decision.
- Third-party lawsuit (if applicable): generally three years from the date of injury.
When You Have More Than a Comp Claim
Sometimes a workplace injury is caused, in whole or part, by someone other than your employer — a negligent driver, a defective machine, or another contractor on a jobsite. In those cases you may have a separate third-party negligence claim in addition to workers’ comp. That matters enormously, because a third-party claim can recover pain and suffering and full lost wages that workers’ comp does not pay. Identifying these claims early — before the separate, often shorter deadline runs — can multiply your total recovery.
Why You Need a Workplace Injury Lawyer
You can file a claim on your own, but injured workers who are represented consistently fare better — especially when the insurer disputes anything. We help by:
- Making sure your injury is properly reported and documented
- Calculating your average weekly wage correctly so every check is right
- Securing the correct benefit category and fighting wrongful denials and cut-offs
- Identifying any third-party claim that can add pain-and-suffering damages
- Taking your case through the DIA — and to the Reviewing Board — when needed
At Shea Culgin Law, we handle the insurer so you can focus on healing. We serve injured workers throughout Brockton, Plymouth County, and southeastern Massachusetts.
Frequently Asked Questions About Workplace Injuries in Massachusetts
What should I do first after a workplace injury in Massachusetts?
Get medical attention right away and tell every provider the injury happened at work, then report it to your employer as soon as possible. Follow your treatment plan, keep copies of everything, and do not give recorded statements or sign insurer paperwork before getting advice. If the claim is denied or delayed, you can file with the Department of Industrial Accidents.
Do I have to prove my employer was negligent?
No. Massachusetts workers’ compensation is a no-fault system. You only have to show that your injury arose out of and in the course of your employment. You are entitled to benefits even if your own carelessness contributed to the injury, and you do not need to prove your employer did anything wrong.
What benefits can I receive for a work injury?
Depending on your injury, you may receive temporary total disability (Section 34), permanent and total disability (Section 34A), partial disability (Section 35), medical benefits with no copays, specific benefits for permanent loss of function or disfigurement (Section 36), survivor benefits, and vocational rehabilitation. For injuries on or after October 1, 2025, weekly benefits are capped at $1,922.48 and floored at $384.50.
Are repetitive stress and occupational illnesses covered?
Yes. Workers’ comp covers more than sudden accidents. Repetitive stress injuries such as carpal tunnel syndrome and tendonitis, occupational illnesses from exposure to chemicals, dust, or noise, and the aggravation of a pre-existing condition by work can all be compensable when a physician links them to your employment.
How long do I have to file a workers’ comp claim in Massachusetts?
Generally four years from the date you became aware that your disability is related to your employment, under MGL Chapter 152, Section 41. You should give your employer notice of the injury as soon as practicable. If a third party caused your injury, a separate three-year deadline applies to that lawsuit.
My employer says I’m an independent contractor, so I’m not covered. Is that true?
Not necessarily. Employers frequently misclassify employees as independent contractors to avoid workers’ comp obligations, and that classification can be challenged based on how you actually work. If you were truly an employee, you may be covered regardless of the label. And if your employer illegally failed to carry insurance, you may have recourse against the employer and the state Workers’ Compensation Trust Fund.
Hurt on the Job? Know Your Rights — and Use Them.
Massachusetts law entitles injured workers to real benefits, but insurers do not hand them over without a fight. The attorneys at Shea Culgin Law have spent over 40 years standing up for injured workers in Brockton and across Massachusetts.
- Free consultation — We will review your case at no cost
- Insurer-paid fees — In successful disputed claims, our fee generally comes from the insurer
- Full recovery — We pursue every benefit and any third-party claim you may have
- Local and accessible — Our office is at 1350 Belmont St, Suite 109, Brockton, MA 02301
Contact Shea Culgin Law today for a free case evaluation, or call 508-510-5107. We serve injured workers throughout Brockton, Plymouth County, and southeastern Massachusetts.
