Sustaining an accident in the workplace can be a devastating experience that leaves you speculating about unemployment and how you’re going to look after your loved ones. And while you may have heard about workers’ compensation, it’s likely you do not have a clue how to begin the process while still trying to make ends meet and recover from your injuries. Luckily, a Pembroke workers’ compensation lawyer like those from the Law Office of Robert C. Shea can help you pursue a claim and ensure you get the justice you deserve.
If you have sustained an injury at the workplace, your employer is tasked with covering all the on-job injury costs, regardless of the party at fault. If you don’t know how to go about workers’ compensation in Massachusetts, reach out and let our team do the heavy lifting. Call our personal injury lawyers at 508-506-5681 today and schedule a free, no-obligation consultation.
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What Is Workers’ Compensation?
According to Massachusetts state law, workers’ compensation is a form or type of insurance required by employers meant to cover their employees in case of injury while at work. This form of coverage protects the employees against financial losses caused by work-related injuries or damages. Workers’ compensation provides benefits such as medical expenses, 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 You Do If You’re Hurt at the Workplace?
If you have sustained an injury while working, what you do next will determine the success of your case once you begin pursuing a claim. That being said, here is what you should do immediately after getting hurt at the workplace:
Seek Medical Attention
If you have sustained a fatal or catastrophic injury, it’s important to seek treatment immediately. As a victim, your health and wellbeing should be a top priority. This isn’t the time to worry about the workers’ compensation claim, as you can always deal with it later. Even if the injuries are minor, ensure you visit a doctor.
Tell Your Boss
Ensure you report the injury, accident, or illness to your employer or the relevant party as soon as possible. Once you have reported the issue, your employer should give the forms and resources required to file a compensation claim as well as a panel of physicians (a list of doctors the employer has enlisted to treat injured workers).
Record the Incident
It’s not uncommon for employers and even insurers to deny workers’ compensation claims. That’s why it is best to protect your rights by recording the incident by taking photos and videos.
File a Claim
To initiate the claim process, you’ll need to file a Notice of Claim (WC-14) form with the State Board of Workers’ Compensation. If your boss does not have this form, you can acquire it from the State Board’s site. Keep in mind that you need to send a copy of the form to both the employer as well as the insurance company.
Let a Lawyer Help While You Recuperate
Your body needs to rest in order to recover. So, once you have filed the claim, hire a lawyer who can help ensure that your rights are protected as you focus on recovery.
What Are the Common Injuries Sustained in Workplace Accidents?
While there’s an endless list of injuries that you can sustain while at work, there are some that are especially common. Here’s a list of some of the most common:
- Joint pain
- Back and neck injuries
- Hearing loss
- Muscle strains
- Slip and falls
- Construction accidents
Why Hire a Pembroke Workers’ Compensation Lawyer?
When making a workers’ compensation lawyer, it’s advisable to have a skilled and experienced for the best chance of getting the settlement you deserve. The claim process can be a complex and time-consuming one and the fact that there are deadlines to be met does not make it easier.
Most employees do not know what they are expected to do, when they should do it and how to go about it. If you need to make a workers’ compensation claim, our team can help guide you through the process.
We will gather the documentation required to support your claim, file the necessary forms and make sure everything is done on time. We have a proper comprehension of the employment law and will work to ensure that your employer or the insurance company does not take advantage of your situation.
How Much Does it Cost to Hire a Pembroke Workers’ Compensation Attorney?
This is one of the most common questions our clients work when it comes to retaining a lawyer. Fortunately, you do not have to worry about the cost as we work on a contingency basis. This means that we won’t charge you unless you win the case. This is usually an agreed-upon percentage of the amount you get when the case is done.
What Should I Do if My Workers Compensation Claim Is Denied?
If you are not satisfied with the benefits you have been allocated or your claim has been denied, you can ask to have your case heard by the State Board of Workers’ Compensation (SBWC). At the hearing, you can present evidence and call witnesses to prove your case before the judge makes a ruling.
If the claim is denied again, you also have the option to file a petition with the SBWC Appellate Division, where you argue your case before several judges.
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.
What Is My Claim Worth?
Workers’ compensation insurance is a must for any company in Massachusetts with over 3 employees. As a victim, your income loss replacement is usually two-thirds of your weekly wage. However, it is important to note that it comes with a $575 per week cap.
The insurance will cover medical expenses, prescription medication, income loss, rehab costs, travel expenses related to the injury treatment, and permanent partial disability.
Hire a Pembroke Workers’ Comp Lawyer Today!
A workplace accident may leave you worrying about how you will support yourself in the future. At Robert C. Shea, our seasoned lawyers have the skills and experience needed to file a claim for your injury or appeal a denied claim. So, do not hesitate to reach out by calling 508-506-5681 if you need any assistance with your claim.