Lump Sum Settlements in Boston
Do You Have a Lump Sum Workers’ Compensation Settlement?
In the Commonwealth of Massachusetts, the Massachusetts Department of Industrial Accidents (DIA) allows for an injured employee to enter into a contract with their employer’s workers’ compensation insurance company to receive compensation benefits in the form of a lump sum settlement.
When entered into the contract, the employee will receive a single check for the total amount of their workers’ compensation claims and may not be entitled to other benefits, depending on the terms of the agreement.
WHY ENTER A LUMP SUM?
There are several reasons why entering into a lump sum settlement is preferred for both employers and employees. From the employee’s prospective, it means a lot of money fast. However, it is important to keep in mind that this lump sum may actually be less than would be received when all weekly benefits checks are totaled.
If you deciding whether or not to take a lump sum settlement, the DIA strongly recommends you seek an attorney to assist you in determining whether the agreement is your best interest, and so you are fully aware of all rights you may be giving up by entering into the agreement.
At the Attorney Injury Group, our Massachusetts workers’ compensation attorneys will be able to advise you whether a lump sum settlement is in your best interest, or if it is not. This will give you peace of mind, knowing that you are making the right decision after being made aware of all relevant facts.
If you will continue to need Vocational Rehabilitation Services paid by your employer after accepting the lump sum settlement, the matter will become more complicated. Under Massachusetts’s workers’ compensation law, if the worker is currently receiving Vocational Rehabilitation Services (VR), a lump sum settlement will not be approved by an administrative law judge (ALJ) unless one of the following conditions are met:
- You have completed the approved vocational rehabilitation program.
- You have returned to work at least six months.
- You have received express written consent from Office of Education and Vocational Rehabilitation (OEVR).
- An ALJ enters an override to these requirements after a hearing.
When entering into a lump sum settlement, it is important to keep in mind that your workers’ compensation case is closed and it replaces any future compensation for that particular injury or illness. While your attorney can discuss the facts of your particular situation, some factors to consider when deciding to enter into a lump sum settlement are:
- Any third party claims you have related to the injury or illness
- If you are able to return to work
- Whether you will be able to prove your injury or illness is work-related
- Your current bills and expenses
- Your current income
Under Massachusetts law, an employer cannot tell an injured worker that by signing a lump sum settlement agreement for his or her workers’ compensation claims that employee will no longer be able to return to his or her old job.
The Attorney Injury Group will fight aggressively to protect your rights. If you or a loved one are filing for a lump sum settlement call the experienced workers’ compensation attorneys at the Attorney Injury Group for help. Call us today at 617-934-7000 for a FREE, confidential consultation. When you call our experienced Boston lump sum settlement attorneys, we will investigate every detail of your accident at no cost to you.
At the Attorney Injury Group, you will never pay an attorney’s fee up front and we don’t get paid until you do. Call today to learn how we may be able to help.
Call the Attorney Injury Group for Help, Fighting for You Is What We Do!