Accidents can happen anywhere, including construction sites and different work settings. On the bright side, under Massachusetts workers’ compensation laws, if you get injured or suffer an illness while on the job, you have the right to compensation. Our Walpole workers’ compensation lawyers will aggressively pursue your compensation if you come to us.
At the Law Office of Robert C. Shea, we have handled many workers’ compensation cases in Walpole and all over Massachusetts. Our lawyers are ready to go the distance, even if it means going to trial.
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What Is Workers Compensation?
Employees who are hurt or harmed while on the job deserve compensation. Workers’ compensation insurance helps workers who have been injured during the course of employment to recover benefits regardless of who was at fault. These benefits mainly comprise payments for medical expenses and wage replacement due to missed work caused by the injury and the ensuing period for recuperating.
What Should An Employee Do After Getting Hurt On The Job?
If you have been hurt at work, it’s important to take the right steps.
Inform Your Supervisor
Inform your supervisor or employer. After sustaining a workplace injury, let your employer, manager, or supervisor know about the injury.
Get Medical Treatment
Next, get medical treatment as soon as possible. Ensure you strictly adhere to your doctor’s instructions.
Document Your Injuries
While the facts are still fresh, make notes about your job incident and injuries and keep the notes safe for future reference. Ensure you get the date, chronology of events, and witness contacts.
Document your injuries and the scene of the incident by taking photos and videos.
Contact A Lawyer
Get a workers’ compensation lawyer from the Law Office of Robert C. Shea to assess and file your claim.
Rest and recuperate. Let our workers’ comp attorneys handle your claim as you focus on your recovery.
What Are The Most Common Workplace Accident Injuries?
Some work environments have a higher probability of injuries than others. But anyone can be injured at work. These are typical workplace injuries:
Workplace injuries involving the neck/back are common and usually result in more extended periods off of work.
Falls from Heights
Jobs that involve heights and elevated surfaces often result in injuries when employees fall.
Workers may sometimes be exposed to electrocution injuries if they work around power lines, defective electrical outlets, or exposed electric wires.
Workers in noise-polluted environments often suffer hearing loss due to constant exposure to loud noise.
Slip & Falls
Slipping and falling in the workplace is a common cause of many slip and fall injuries.
Construction sites are naturally hazardous. Workers in construction sites often suffer injuries related to electrocution, falling objects, falls, etc.
Employees who constantly travel for business may suffer injuries when they get into accidents.
Burn injuries are commonplace in work environments that use heat, e.g., working in a restaurant’s kitchen.
Amputations & Injuries From Tools/Machinery
Employees who operate or work around machinery and equipment may suffer amputation in freak accidents. Injuries caused by tools or machinery are common in job environments.
Why Should I Hire A Walpole Workers’ Compensation Lawyer?
As a person with knowledge and experience in legal matters and processes, retaining an attorney could be beneficial. This is how:
Case Preparation/Filing Claim
A lawyer will ensure your case is prepared adequately by investigating and gathering evidence to establish the at-fault party. After fault determination, an attorney will file the claim for you.
An attorney has the skills and experience to handle settlement negotiations with the insurance company and get you maximum benefits by countering a low-ball settlement offer.
Another reason why it’s a smart move to hire a workers’ compensation lawyer is that they have the knowledge and experience to represent you in a trial if you fail to settle outside court.
Appeal A Denied Claim
If your employer has denied your claim or undervalued your benefits, an attorney can help you appeal an inadequate settlement award or a denied workers’ compensation claim.
How Much Does It Cost To Hire A Workers’ Compensation Lawyer?
Walpole workers’ compensation attorneys accept cases on contingency. This means that if we win your case at the end of proceedings, you will pay us a percentage of the benefits you are awarded.
What Should I Do If My Workers’ Compensation Claim Is Denied?
After your workers’ compensation claim in Massachusetts is denied, you will be notified of the denial through Form 104 (Insurer’s Notification Of Denial). You must accurately file an employee claim (Form 110) along with your injury’s medical record with the Department of Industrial Accidents in Massachusetts and send the same to the insurer. At this juncture, you need a workers’ compensation lawyer by your side.
What Responsibility Does The Employee Have In Filing A Workers Comp Claim?
An employee is expected to do the following during the claims process:
- Report workplace injuries to their manager, supervisor, or employee right away or within 30 days
- Accept the State Board of Workers’ Compensation’s mandate to get reasonable treatment
- Notify the insurer or employer of your new address when you relocate, remarry, or change your address
- Notify the employer or insurer when you are ready to work part-time or full-time, along with your weekly earnings
- Attempt a job approved by the assigned WC doctor even if the pay doesn’t match your previous job
- If you are denied benefits, file a claim within two years from your last weekly benefits payment or within one year after an appointment with an authorized physician
- Submit compensation requests for medical expenses within one year after the latest incurred expense
- Agree to take a drug test after a workplace accident that causes injury if asked or justify your refusal
- Be honest throughout the whole claims process
What Responsibility Does The Employer Have In The Workers Compensation Process?
Employers have the following responsibilities:
- Employers must file the first report of injury form and send it to the assigned WC doctor and their insurer.
- Employers are required to cooperate and help with investigations by submitting all the necessary documents.
- It’s an employer’s responsibility to recall employees who are ready to resume work.
Can I Be Fired For A Workers’ Comp Claim?
No. Your employer cannot fire you or retaliate against you in any way for filing a workers’ compensation claim.
Is There A Deadline For Filing A Workers’ Compensation Claim In Walpole, Massachusetts?
According to Massachusetts’ workers’ compensation laws, injured employees have four years from when they discovered the casual relationship between their injury or disability and work. Failing to adhere to this deadline may bar an employee from pursuing compensation through a workers’ compensation claim.
Can I Sue My Employer?
No, Massachusetts law bars employees from suing their employers for workplace injuries. However, the workers’ compensation system will cater for compensation for injured employees.
Can An Independent Contractor File A Workers Comp Claim?
No. In Massachusetts, while all employers must have workers’ comp insurance, they don’t need to provide independent contractors with workers’ compensation coverage. This means that independent contractors in Massachusetts cannot file a workers’ compensation claim.
What Is My Workers’ Compensation Claim Worth?
Your Walpole, Massachusetts workers’ compensation will pay for:
- Your medical expenses.
- Any rehab costs.
- Prescription medication.
- Any necessary mileage and travel costs related to the treatment of your injuries.
- Your income or lost wages replacement benefit, which will be two-thirds of your average weekly income.
- Permanent Partial Disability (permanent injuries that partially impair your ability to work) benefits for as long as your disability continues.
Contact Our Walpole Workers’ Compensation Lawyers Today
A workplace accident may leave you worrying about how you will support yourself in the future. Our qualified and experienced workers’ compensation lawyers can build a strong case, handle settlement negotiations, and represent you whether in court or during interactions with your insurance company or employer.