Legal Question in Workers Comp in Massachusetts

I was injured at work 2 1/2 years ago. I tried physical therapy, but could not avoid the need for surgery. The Worman's Comp. Insurance company paid for PT, but denied the surgery, claiming a pre-existing condition contributed to the injury. My Doctors disagree that my different injury 10 years earlier had anything to do with the new injury. Under Massachusetts Workman's Compensation Law, the insurance company has to pay Attorney fees if I win my case. Based on this, I found an Attorney who took the case at no fee, unless a lump sum is awarded. The insurance company then offered a lump sum if I had my own insurance company pay for the surgery and rehab. I declined the offer. They then offered, after concilliation, to pay for the surgery and 90 days of recovery time. My Doctor has estimated at least six months of recovery. I was recently layed off from my job, after two years of light duty work. My Attorney wants me to take the deal, citing that I can always try to get the 90 days extended if I'm not recovered. He also cited as a reason to take the deal that he wants to get paid. He has called three times since I have turned down this offer, trying to force me to take it by again citing that he wants money. He has said from the beginning that the insurance company will most likely have to pay, and their subsequent agreeing to pay for some of the needed time leads me to think that they understand their obligation.

My question: Is my Attorney's pressure to settle wise? His mention of getting paid now as opposed to a few months from now is concerning, and agreeing to a time frame that is half of the recovery time needed scares me.

Thank you!


Asked on 9/30/09, 7:52 pm

1 Answer from Attorneys

David Green Law Offices of Christopher F. Earley

I also handle worker's comp. cases on the same fee arrangement (only paid if the case settles.) I would be happy to talk to you if you are looking for someone else to take a look at your case

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Answered on 10/05/09, 8:36 pm


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