02. Who will have access to case files?
03. What happens if I stop working in covered employment before my case ends?
04. Can my spouse and I use the legal services benefit for our divorce?
05. Can I use the legal services benefit for the purchase of a second home?
06. Can I use the legal services benefit to prepare my will?
07. If I live outside of New England or have a legal matter outside the New England states, can I use the legal services benefit?
08. Can my children or step children use the legal services benefit?
09. Will the legal services benefit cover probate of my parent’s estate if I am not the executor?
10. Will the legal services benefit post bail for a member?
11. Can I contact the office after hours?
12. Can I use the legal services benefit if a claim is against or involves a Union Employer or Union Affiliate?
13. Can I use the legal services benefit for Workers’ Compensation?
14. Can I use the legal services benefit for personal injury?
15. How many times can I use the legal services benefit?
16. How much notice does the attorney require for court appearances?
17. Are there any charges or fees for the attorney?
18. Does the legal services benefit cover filing fees or Service of Process Fees?
19. I currently have an attorney helping me with my case. Can I switch and use an attorney from the Fund?
20. Can I use the legal services benefit if I am retired?
21. Can the legal services benefit help me review an agreement for routine purchases or repairs?
22. Does the legal services benefit cover appeals?
01. Can my spouse use the Legal Services Fund benefit?
Yes. Your spouse can obtain legal services if you are legally married and your spouse lives with you provided the action is not against you (the member).
02. Who will have access to case files?
Your case information and whatever you discuss with your lawyer will be held in strict confidence.
03. What happens if I stop working in covered employment before my case ends?
In the event your eligibility ends while a case is pending, the case will be carried to its conclusion subject to the limitations in the Plan. See Summary Plan Description for complete details on Plan limitations and exclusions.
04. Can my spouse and I use the legal services benefit for our divorce?
No. Representation in divorce will be available to the union member only.
05. Can I use the legal services benefit for the purchase of a second home?
No. Representation for the purchase or sale of real estate is for your primary residence.
06. Can I use the legal services benefit to prepare my will?
Yes. Representation includes the preparation of or a review and update of an existing will, power of attorney, or health care proxy.
07. If I live outside of New England or have a legal matter outside the New England states, can I use the legal services benefit?
Yes. Legal services for yourself or an eligible dependent outside of New England will be covered up to a maximum of $500.
08. Can my children or step children use the legal services benefit?
Yes. To be considered eligible for Legal Services Fund benefits, your dependents must also be listed as dependents under the Heath and Welfare Fund. If that is the case, your dependents are eligible as long as your eligibility continues and their services do not conflict with your interests. The plan covers an unmarried child (including an adopted child, step child or foster child) under the age of 19 or, if a full-time student, under the age of 23.
09. Will the legal services benefit cover probate of my parent’s estate if I am not the executor?
Yes. The Fund provides this service if the member is substituted for or added to the Petition of Probate as administrator.
10. Will the legal services benefit post bail for a member?
No. The Fund does not post bail for members.
11. Can I contact the office after hours?
Yes. The Legal Services Fund has a 24-hour, seven-days-a-week answering service that can reach a staff attorney in case of an emergency.
12. Can I use the legal services benefit if a claim is against or involves a Union Employer or Union Affiliate?
No. Such actions are specifically prohibited.
13. Can I use the legal services benefit for Workers’ Compensation?
No. Workers' Compensation is specifically excluded as a covered service.
14. Can I use the legal services benefit for personal injury?
No. A claim for personal injury is specifically excluded as a covered service.
15. How many times can I use the legal services benefit?
You are allowed three cases per calendar year with unlimited legal advice regarding covered services. Check the Member Dashboard to confirm your eligibility.
16. How much notice does the attorney require for court appearances?
In most cases, a minimum of seven days. However, please call the Fund as soon as possible if you have a court appearance.
17. Are there any charges or fees for the attorney?
No. The Legal Services Fund is a benefit provided to eligible Union members and their dependents at no charge.
18. Does the legal services benefit cover filing fees or Service of Process Fees?
Yes. The benefit will cover filing and Service of Process fees provided they are in connection with a covered service.
19. I currently have an attorney helping me with my case. Can I switch and use an attorney from the Fund?
The Fund will not pay for prior attorney fees, but substitution of attorneys is possible provided it is proper, reasonable and timely.
20. Can I use the legal services benefit if I am retired?
No. At this time the benefit does not provide legal services to retirees, unless you have 300 current working hours.
21. Can the legal services benefit help me review an agreement for routine purchases or repairs?
Yes. The Fund stresses the importance of reviewing such matters to prevent problems.
22. Does the legal services benefit cover appeals?
Yes. An appeal will be covered if, in the opinion of the Plan Administrator, it is appropriate and it is from a court decision or administrative agency in a matter that was initially handled by the Fund.
Copyright © 2006 Massachusetts Laborers' Benefit Funds