Time and time again I talk to injured workers who put off hiring a lawyer hoping that the insurance company will do the right thing. Funny, I’ve yet to see that happen.

Many injured workers are afraid that the insurance company will punish them by stopping their workers’ comp check or denying medical treatment if they hire a lawyer.

The injured worker doesn’t realize, however, that the adjuster is interested in protecting the insurer’s money and is not looking out for the injured workers’ best interests.

Case in point.

Within a week of accepting liability for the case, the adjuster asks an injured worker to sign an agreement to give the insurer another six months to continue to pay workers comp benefits “without prejudice”. That means that the insurance company has another six months to stop the workers comp checks with just seven days notice to the injured worker.

What happens next?

Insurer sends injured worker to one of its doctors to do an “independent” (translated - “insurer”) exam. Insurance doctor writes a report that the medical condition is not related to the work accident. The adjuster quickly stops all workers comp checks right before Christmas. Even then, the injured worker continues to talk to the adjuster on his own — without being represented by a lawyer — in the desperate hope that the insurance company will change its mind and reinstate his workers comp checks. The adjuster strings the injured worker along saying things like: she’s evaluating the claim, call back in a week or she’s reviewing the matter with her supervisor. Meanwhile, months go by before the injured worker finally wakes up and hires a workers comp lawyer to protect his rights and secure payment of his workers comp benefits.

I’ve seen variations of the same deceptive, bate and switch tactics by insurance adjusters time and time again. Without legal representation by an experienced workers comp lawyer, an injured worker is literally at the mercy of the insurance company.

When you’re hurt on the job, you have legal rights. Following a serious, disabling work accident, you need to hire an experienced workers comp lawyer right away even if you’re receiving workers comp benefits.

Don’t stick your head in the sand hoping that the insurance company will do the right thing. Get legal representation with an experienced workers comp lawyer without delay.

Copyright © 2010 John J. Sheehan

I’m pleased to announce the launch of my firm’s new and improved website — attorneysheehan.com.

I have had the privilege of representing hundreds of injured workers and accident victims over the years. While some in the media and our communities joke about lawyers — often in a malicious, mean spirited and uninformed way — I have seen the positive impact my legal representation has made in the lives of my clients and their families.

If you ask me what do I do for a living? I could answer that I’m a personal injury trial lawyer. I say that with great pride. Really, what I do is simply help people…regular, everyday working people. That’s the same for my fellow trial lawyers.

I offer this reflection as I start a new beginning with this new and improved website. I hope that it provides a valuable service to injured workers and accident victims in Massachusetts.

Copyright © 2010 John J. Sheehan

In Massachusetts, if you are injured while acting in the course of your employment, you are entitled to workers’ compensation benefits paid by your employer’s workers compensation insurance company.  If you require medical treatment, the workers’ compensation insurer will pay for any and all reasonable and necessary medical treatment that is causally related to your work injury.  If you are temporarily totally disabled from work because of your injury, you are entitled to weekly workers’ compensation  benefits at the rate of 60% of your average weekly wage (“AWW”).

During the first 180 days or 6 months from your injury, payments made by the workers’ compensation insurer are without prejudice.  This is commonly called the 180 Day Pay Without Prejudice Period.  That’s a fancy way of saying that the workers’ compensation insurer has not accepted liability or legal responsibility for your industrial injury.  As a practical matter, the workers’ compensation insurer can modify (usually reducing benefits) or discontinue benefits without permission from a judge provided that the insurer gives the employee written notice 7 days before it takes any action against the injured employee’s benefits.

If the workers’ compensation insurer pays benefits beyond 180 days, the insurer accepts liability or legal responsibility for the injured employee’s industrial injury provided that the employee did not sign an agreement to extend the 180 Pay Without Prejudice Period.  That doesn’t mean that the insurer cannot try to modify or discontinue workers’ compensation benefits.  However, the important difference is that the insurer must continue paying benefits until it receives permission from a judge to reduce or discontinue benefits.

Many injured workers make the mistake of not contacting an attorney to represent their legal interests immediately after a disabling work injury.  It is a mistake to hide your head in the sand hoping that the workers’ compensation insurer will do the right thing.  Insurance companies have lawyers representing their legal interests, and every worker who is disabled from work due to a work accident should be represented by a workers’ comp lawyer as early as possible to protect their legal rights and ensure that they are paid all the benefits to which they are legally entitled.

Copyright © 2009 John J. Sheehan