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Michael O. Smith
  • Insurance Claims, Personal Injury, Social Security Disability...
  • Massachusetts
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Rating: 10 Justia Lawyer Rating - 10 out of 10
I would recommend any of my close friends or family members to Attorney Smith and his office.
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Attorney Smith is a strong advocate for the rights of injured and disabled. He possesses over 20 years of legal experience. After graduating with honors from Boston University School of Business Management, he started his career as a workers compensation claims adjuster. Attorney Smith soon realized he could accomplish more in his career if he earned a Law Degree. He decided to attend Suffolk University Law School on Beacon Hill, Boston, MA. Soon after graduation, he worked briefly at a prestigious Insurance Defense Firm in Boston, Massachusetts. He quickly realized he did not want to represent big insurance companies and employers against the working class.
Attorney Smith then took his talents to Lowell, Massachusetts and practiced law at one of the largest plaintiff oriented law firms in Merrimack Valley. It was there he determined it was his calling to represent the less fortunate and pursue injury and disability claims on behalf of clients and their families. After handling personal Injury, disability and workers compensation matters for over a decade in Lowell, he was offered an opportunity to work at one of the largest plaintiff personal injury firms in the State of Massachusetts. While at this firm in Boston, he handled countless workers compensation and third party claims on behalf of his clients.
After working at a large specialty plaintiff personal injury law firm, he decided he could properly serve the needs of his clients if he stated his own law firm. Attorney Smith is the founder of The Law Offices of Michael O. Smith, LLC. His firm represents hundreds of clients across the state of Massachusetts. His firm specializes in handling all types of injury claims including motor vehicle and pedestrian accidents, wrongful death claims, negligence claims, premises liability cases, workers compensation injuries and social security disability matters.
Attorney Michael O. Smith has handled countless jury and non-jury trials.

Practice Areas
  • Insurance Claims
  • Personal Injury
  • Social Security Disability
  • Workers' Compensation
  • Products Liability
  • Animal & Dog Law
Additional Practice Area
  • auto accident claims
  • Free Consultation
Jurisdictions Admitted to Practice
  • English: Spoken, Written
Professional Experience
Suffolk University Law School
Boston University
B.S. | Business Administration
Top 100 Litigation Lawyer
American Society of Legal Advocates
10 Best Client Satisfaction Award
American Institute of Legal Counsel
Professional Associations
Massachusetts Bar Association
American Bar Association
Massachusetts Academy of Trial Attorneys
Personal Injury Attorney Network
Injured Workers Law and Advocacy
Websites & Blogs
Michael O. Smith's Website Profile
Law Offices of Michael O. Smith Website
Boston Workers Compensation Attorney Blog
Boston Car Accident Attorney News
Legal Answers
7 Questions Answered

Q. Am I covered for Workman's Comp if I was injured walking from work to a work-affiliated parking garage?
A: In Massachusetts, there is a "going and coming" rule where normally, you are not covered under WC if you injured yourself going into work or after leaving work. That being said, your case could fall into an exception to the rule where you were planning to go to a company affiliated parking lot. I strongly suggest you speak with an experienced workers compensation attorney in your area to review the details of your potential claim
Q. I was in an auto accident while delivering some equipment, I get paid mileage, am I covered under workers comp?
A: Under Massachusetts law, if you can establish you were under the direction, supervision or control of your employer, you should be able to obtain Workers Compensation benefits. From what you described and if you can establish you were delivering equipment for the benefit of your employer, you should be entitled to workers compensation benefits. I encourage you to speak with an experienced WC attorney. These claims are very fact driven and you will need to explain the details your scenario to an attorney who can decide if you are able to file a claim for WC benefits. You should absolutely discuss this with an attorney due to the extreme nature of your injuries and the extent of your injuries. You should fully investigate obtaining any benefits you are entitled to. Best of luck
Q. If someone is killed by a drunk driver, does the state file charges or are we able to sue for wrongful death?
A: Normally, the State would bring criminal charges against the Defendant for his/her actions including OUI manslaughter if there is enough evidence for the charges. The family, next of kin of the deceased person would also be able to file a civil case against the defendant to seek a recovery. I would highly recommend you contact an experienced attorney to discuss your options
Q. How soon after the death can the survivors bring a wrongful death case?
A: In most circumstances, you have 3 years to file a wrongful Death lawsuit in Massachusetts. You usually need to have a representative to the decedents estate appointed by the probate and family court to proceed with a wrongful death action. I suggest you contact an experienced attorney in these matters for help.
Q. Is there a maximum number of times I can file for workers' compensation in MA?
A: There is nothing stopping you from filing a workers compensation claim provided its for a new injury and its within the statute of limitations. If you plan on filing another claim for the same injury and the claim has already been adjudicated, then you may run into problems. I suggest you contact an experienced WC attorney to understand your rights.
Q. I have back issues caused by my long commute to/from work. Can I file for workers compensation?
A: Under the "going and coming" rule, normally an injury that occurs during your commute off the employer's premises and off the clock will not be covered.
Q. I have been out on workman's comp since April I went to an orthopedic who recommended surgery got approved for it
A: It sounds like your medical provider is looking for payment above the rates of reimbursement WC is required to pay and therefore will not proceed with the story. Or it's your doctor just changing is opinions regarding the need for future medical care. I suggest you contact an experienced WC attorney to help you. If you are unable to perform any work due to your injury, you have a right to file a WC claim to increase your benefits to total disability. I recommend you speak with an attorney to look into the feasibility of filing a WC claim to increase your benefits
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Contact & Map
Law Offices of Michael O. Smith
15 Broad St
Boston, MA 02109
Toll-Free: (617) 263-0060
Fax: (617) 263-0010