With over two decades of experience, the Law Office of Teri A. McHugh, PLLC is a leading specialist in workers’ compensation law.
We stand ready to guide you through the complexities of the process.
AREAS OF PRACTICE
Click on each area of practice below to bring you to the services we offer:
Workers’ compensation laws are intricate and vary by jurisdiction. We have a thorough understanding of these laws in Massachusetts and New Hampshire and can guide you through the process.
Workers’ Compensation
Employees
Workers’ compensation benefits are designed to compensate employees for injuries sustained during the “course and scope” of their employment. While these benefits are typically awarded when employees are injured while performing their regular job duties on their employers' premises, there are numerous exceptions. If you have sustained injuries at your workplace or suspect that they are related to your job, it is imperative to consult an attorney well-versed in the intricacies of workers’ compensation laws. Under these laws, employees may be entitled to a range of benefits, such as:
Weekly disability benefits
Medical expense coverage
Death benefits, encompassing funeral costs and weekly benefits for surviving dependents
Vocational rehabilitation
Compensation for loss of function, scarring, and disfigurement
Our legal team boasts a rich history of representing employees across various claims, from medical treatment to comprehensive disability cases. Our expertise spans diverse industries and a spectrum of injuries, ranging from psychological trauma to severe orthopedic damages.
A common misconception among many employees is that legal representation might be unaffordable, especially during times of financial strain due to inability to work. However, under the Massachusetts Workers’ Compensation Act, if an attorney successfully secures or retains benefits for you, the workers' compensation insurer is mandated to cover the statutory legal fees and associated expenses. We are pleased to offer an initial consultation at no charge. Moreover, should we successfully advocate on your behalf, your employer's insurer will be responsible for payment of our fees and expenses. In cases where claims are settled, our fee will constitute a set percentage (typically 20%) of the total settlement, as stipulated by the Massachusetts Workers’ Compensation Act.
We recognize the challenges and stress that you and your family may be facing. The daunting prospect of navigating the complexities of a workers' compensation claim can amplify this distress. Rest assured, our dedicated counsel will keep you updated throughout your case, addressing any queries or concerns promptly. With our vast knowledge and experience, we pledge to guide you seamlessly through this journey, championing your rights and striving to secure the maximum compensation you are entitled to.
Employers
In Massachusetts, claims are typically filed against an employer’s workers’ compensation insurer. But, should an employee assert that their injury resulted from the serious and willful misconduct of their employer, they can pursue a claim under Section 28 of the Massachusetts Workers’ Compensation Act. This allows for an award of double compensation. When an employee prevails in such a claim, the insurer pays the doubled compensation. Nevertheless, the insurer holds the right to recoup the additional compensation from the employer. And notably, if an employer is covered by workers' compensation insurance, it has the right to appear and contest the Section 28 claim.
Our seasoned legal team has a track record of representing employers faced with accusations of serious and willful misconduct. We are dedicated to furnishing you with a thorough assessment of any claim against your establishment and crafting a robust defense strategy. This could range from fervently contesting the allegations to negotiating a settlement to mitigate potential liabilities.
It is mandatory for employers in Massachusetts to have workers' compensation insurance. To ensure employees' protection, the Commonwealth has created a Trust Fund which steps in as the insurer in instances where the employer lacks insurance or if the insurer disclaims coverage. However, the Trust Fund can then seek reimbursement for the compensation it paid to the employee, either due to a benefits award or a settlement.
Our legal team is adept at representing both uninsured employers and those whose insurers decline coverage at the Department of Industrial Accidents. Our services encompass an exhaustive review of the workers’ compensation case in question, aiding with any requested communications or document submissions pertinent to the case. This ensures a stalwart defense against the core claim, thereby safeguarding your rights and defenses optimally. Furthermore, we stand by your side in all settlement discussions, including mediation, aiming for the most favorable resolution.
Insurers
Our seasoned counsel has a distinguished history of representing a spectrum of clients, ranging from national to local insurers, self-insurers, third-party administrators, and self-insurance groups, throughout every phase of workers’ compensation claims. We also possess expertise in securing recoveries from both the Trust Fund (MA) and the Second Injury Fund (NH) on behalf of insurers.
Beyond our core services, we are committed to the ongoing education of our clients. We frequently conduct seminars and training sessions, providing insights into legal updates, defense strategies, and risk management. Our team also has a strong presence in professional circles, with many serving as sought-after speakers and panelists for seminars and webinars. A testament to our commitment in this realm is our founding attorney, Teri McHugh, who has been a voting member of the Workers’ Compensation Advisory Council since her nomination by Governor Patrick in 2009.
We also specialize in defending claims brought by independent contractors. Such cases may involve the overlap of workers’ compensation, occupational and contingent liability policies.
Our team is not only equipped with the necessary expertise but also with a relentless dedication to defend our clients. We value clear communication and timely reporting; therefore, we consistently offer evaluations and recommendations to our clients, as well as outline potential avenues for early resolution, thereby mitigating costs and future exposure.
Second Injury Fund
An insurer may be able to recover some of the benefits paid to an employee if certain conditions are met.
In Massachusetts, a special fund known as the Trust Fund has been created to facilitate reimbursements. To be eligible, an insurer must have compensated an employee for permanent and total disability benefits (Section 34A), either directly or through a negotiated settlement. Additionally, the employee should possess a recognized physical impairment, not necessarily linked to work, that either hinders or has the potential to obstruct employment. It is essential that the combined effects of the prior injury and the work-related injury produce a substantially greater disability than the work-related injury on its own.
In New Hampshire, the equivalent mechanism is the Second Injury Fund. Its requisites for recovery largely mirror those of Massachusetts. However, a unique aspect in New Hampshire pertains to the "known" physical impairment criterion. It demands meticulous documentation. For employers to demonstrate awareness of an employee's pre-existing impairment, they must produce a written record, ideally at the point of hiring or whenever they become informed of the impairment. This record can adopt various forms, from a pre-employment health examination report to an internal memo. Critically, this record must:
Be in written form;
Explicitly mention the employee, employer, and the record's date;
Offer details about the impairment and its consequential limitations.
In the absence of such a record, or if it is unavailable, the case will not qualify for Second Injury Fund reimbursement. Furthermore, the insurer is obligated to notify the Second Injury Fund regarding a potential claim for reimbursement and must submit an Application within 100 weeks following the subsequent injury.
Our legal team is proficient in processing claims for recoveries from both the Trust Fund and the Second Injury Fund, securing significant amounts for our clients over the years. We are adept at identifying the requisite supporting documentation and framing arguments to optimize recoveries. We meticulously assess all cases entrusted to us for potential recovery avenues. Should you be uncertain about the eligibility of a claim you are managing for recovery from either fund, we invite you to reach out to our firm. We will gladly consult and evaluate the potential of your case for recovery.
