Bruce S Lipsey's Answers

Am I eligible for unemployment benefits and, if so, how are they calculated, if I am receiving partial disability worker's comp?

First, you should NOT accept what the adjuster is saying. You and your doctor have to come to that determination whether you can work or not. A claim must be filed in court to make sure you get your full benefits. I would not file for unemployment at this time without considering the consequences to your workers' compensation payments. You could lose your comp benefits entirely! Please contact me at 781-829-9100. I am a Massachusetts lawyer who can help.

Selected as best answer

My husband has been on WC in Mass for almost 2 years, our lawyer keeps giving us the run around and not answering calls.

Workers' Compensation is a fickle system. Sometimes it works smoothly and quickly, other times, it does not. It may not be the lawyer's fault if the insurer is dragging its feet. Assuming the lawyer practices regularly in this area, he should be giving you professional guidance. If you have still have doubts and questions, you can certainly call me or visit my website at elclaw.com.

1 person marked this answer as helpful

Workers comp case closed, but still hurting!! Also a question about mental/psychological injury

Insurers will at times indicate the file is closed even though the settlement was done with an acceptance of liability. You just have to press them in court.

1 person marked this answer as helpful

Workers comp case closed, still hurting. I had surgury 2 years ago, and it still hurts, Ins co won't return my calls.

If you settled your cae WITH liability, your attorney who handled the settlement, or any WC attorney can file a claim for continued treatment. If you settled WITHOUT liability, your cannot file for continued benefits.

1 person marked this answer as helpful

In MA can workers compensation payment be considered as severance pay

No. Things get dicey in Mass workers' compensation if a settlement is coupled with an agreement to tender a resignation. Your question is touching on this issue, i.e the coupling of the discussion of resignation with settlement. They are separate entities entirely and stiff penalties are imposed if there is an attempt to persuade a claimant to resign from a job in exchange for a settlement. Severance is severance related to the policies of the employer, WC is state regulated and unrelated.

1 person marked this answer as helpful

Can you collect worker comp. payments and retire at the same time.

In Massachusetts, and I would presume on this issue NY is the same, his status at his place of work does not interfere with his receipt of workers' compensation benefits.

4 people marked this answer as helpful

Can I file for workers' comp even though I didn't file an injury report and the work-related injury happened 7 months ago?

Hi- I have an office in Somerville, Davis Square, and am happy to help. 781-829-9100. My website is elclaw.com. Thanks. Bruce Lipsey

I have been out of work with a pain disorder caused by an injury on the job. After 9 months out am I elligible for unemployment?

Wokers' compensation is subject to an offset (reduction) when unemployment is involved. I am not entirely clear on what you mean that unemployment wants to settle with you. I have an office in Somerville and am happy to answer your questions. Thanks. Bruce Lipsey 781-829-9100. elclaw.com

Injured at work and in the middle of WC case, Employer telling me not to come in now that I'm cleared. What to do?

You should prioritize your health. You have to figure if your boss is acting this way, that you are not long for the job anyway. Be proactive. Go to the doctor and make sure you're ok. If not, assert your rights, and hire a lawyer to bring a claim. Call with any questions. 781-829-9100. I am local to you and can help. elclaw.com

I was in a accident while doing an errand for work. I was my fault. Is my company obligated to pay me workers comp or disability

I am a Massachusetts attorney close to the Cape and can help you. Please contact me at 781-829-9100. ELCLAW.com. Thanks.