An unexpected accident at work can be one of the most devastating experiences in life especially if the injury was severe. You have to deal with medical bills, missed time at work, and if you are the breadwinner, household expenses. When it comes to asking for compensation, there’s also the stressful process of dealing with your employer as well as the insurance company. Fortunately, you can seek legal assistance to protect your rights. That is where our Attleboro workers compensation lawyers come into the picture.
At the Law Office of Robert C. Shea, our mission is to help workers get compensated fairly after sustaining injuries while at work.
Our team of personal injury lawyers knows the ins and outs of Massachusetts workers’ compensation law and is here to help you navigate the murky waters. So, if you have recently sustained an injury while at work or have been denied your benefits, do not hesitate to get in touch today by calling 508-506-5681.
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What Is Workers Compensation?
As the name implies, workers’ compensation is a form of coverage governed by the state to protect the wellbeing of workers through financial safety in case they get hurt on the job. This type of insurance has benefits such as medical bills, income loss, and death benefits.
Also, you might be entitled to vocational rehab, but this is state-specific and that’s why it is important to have a lawyer who specifies in Massachusetts law.
What Should I Do If I’m Hurt on the Job
After a workplace injury in Attleboro, MA, it’s important to take the right steps.
Tell Your Employer You’re Hurt
It’s imperative to report the injury, illness, or accident to your boss or the relevant party- general manager, HR manager, or supervisor as soon as possible. Once you have reported the issue, the employer should give you the forms and resources required to file a compensation claim and a panel of physicians. Employees are required to file an injury or accident report within 30 days.
Take Photos and Videos of the Accident or Injury
It is not uncommon for employers and insurance companies to try and deny worker’s compensation claims. As such, it’s best to stay safe and record the injury by taking photos and videos if possible.
Seek Medical Attention
If the accident is serious, you should seek medical attention immediately by visiting the nearest hospital or ER. Your health and welfare should be a top priority and you can figure out how the accident or injury will impact your claim later. Even if the injury is minor, it’s imperative to visit your doctor.
File a Workers Compensation Claim
To start the claims process, you will need to fill and submit a WC-14 form or Notice of Claim with the State Board of Workers’ Compensation. Ensure that you send copies to both the employer and the insurance company. Bear in mind that you have one year from the date of the accident to complete and submit the form.
It’s also advisable to take your time when filling out this form as the details you provide will be used to approve or deny your claim. And since you’ll want to recuperate, it’s best to have a seasoned lawyer by your side.
What Are the Most Common Injuries Sustained in Workplace Accidents?
While there are many injuries that you can sustain during a workplace accident, there are several common ones. These include but are not limited to:
- Neck or Back Injuries
- Slip and Fall
- Hearing Loss
- Joint Pain
- Construction Accidents
Why Should I Hire an Attleboro Workers Compensation Lawyer?
When it comes to claiming your worker’s compensation benefits it is best to have a skilled and seasoned lawyer for the best chance of getting a fair settlement. Here are some of the reasons to hire Robert C. Shea:
We Understand the Employment Law
Workers’ comp law is complex and the fact that the insurance company or employer can deny or decline your claim does not help. Our team has the knowledge required to properly fight for you and ensure your claim is justly and fairly resolved.
We Will Work to Seek the Settlement You Deserve
Almost all insurance companies have a habit of lowballing claims. That’s because they are in business and will therefore try to pay as little as possible. Getting a fair settlement calls for more than just being a good negotiator. Leverage, experience, and knowledge are also needed in order to get the most compensation out of an insurer.
If you try to seek compensation on your own, the insurer will know you don’t have leverage or the necessary knowledge. As such, they will use every trick in the book to get you to accept an offer that’s lower than what you deserve.
Prevent Retaliation From Your Boss
If the employer and insurer know you have an attorney by your side, they are less likely to retaliate. You can think of it as a policy that protects you from bad behavior and ensure you’re treated with respect throughout the claim process.
What Are the Responsibilities of Employers in the Workers’ Compensation Process?
All employers in Massachusetts have several responsibilities when it comes to workers’ compensation. According to the law, employers with two or more employees need to have coverage. Also, they are required to provide the workers’ compensation carrier’s name, the state the workers keep the right to get benefits and medical treatment in places where they spend most of their time working.
Employers are also expected to respect the rights of their employees and cooperate with any investigative party.
Is There a Time Limit to Filing a Workers Compensation Claim in Massachusetts?
Yes, the statute of limitations for personal injury cases in Massachusetts is 2 years. However, workers just have one year to file their claim or will lose their ability to seek benefits.
Can I Be Fired for Filing a Workers’ Comp Claim?
No, employers are forbidden from laying off or retaliating against injured employees who file a workers’ compensation claim.
Can I Sue My Employer?
Employees can only use the workers’ compensation program to seek settlement for injuries or damages experienced while working. This means that even if the employer was negligent, you cannot sue them outside of workers’ compensation.
What is My Workers’ Compensation Claim Worth?
As a work-related injury victim in Massachusetts, your income loss replacement is two-thirds of your average weekly pay. However, it’s important to note that it comes with a $575 per week cap. Workers’ comp will cover:
- Medical expenses
- Rehabilitation costs
- Prescription medication
- Treatment-related travel costs
- Permanent Partial Disability
Hire an Experienced Attleboro Workers Compensation Lawyer!
It’s clear that workers’ compensation consists of many elements that need to be done right. When you work with our team at Robert C. Shea, you can be sure that we will fight for your rights and ensure you get the compensation you deserve. Call us at 508-506-5681 today!