Unfortunately, workplace accidents are common in Hopkinton. If you were injured on the job, our lawyers can help you get the most out of your Workers’ Compensation claim.
You should report your work-related injuries to your employer as soon as you can. Once you do, your employer has a duty to report it to their insurance provider. If you are out longer than five calendar days, you are likely entitled to benefits. You must undergo an independent medical exam before qualifying, but we can arrange for your own doctor to be there to oversee the assessment. We can also prepare your claim if your employer failed to report your accident and file it with the state.
For a free case review with our Workers’ Compensation lawyers, contact the Law Office of John J. Sheehan today at (617) 925-6407.
Reporting Your Workplace Accident in Hopkinton
Workers’ Compensation can provide benefits to most employees injured on the job if the accident was work related. To formally initiate the claims process, inform your employer about your accident as soon as possible.
Reporting Deadlines
Under Mass. Gen. Laws Ch. 152 § 6, employers must notify their insurers within seven calendar days about any work-related injuries that prevent an employee from working for five or more calendar days.
Fortunately, the five missed days do not need to be consecutive. If you are hospitalized and having difficulty submitting a report, our Workers’ Compensation attorneys can assist you with filing it.
The Notice of Injuries
Once you notify your employer, they are required to submit a “notice of injuries” to their insurance provider.
The notice should contain several important details regarding the incident. It should include the names of all individuals involved, describe the business the employer operates, and the injured employee’s information, such as their job position and age.
The notice must clearly explain what happened during the incident. It should include the date, what occurred, and possible causes of your accident. It must also provide a detailed description of the injuries that you suffered.
Records to Submit
You will usually need to submit medical records, employee documents, and other evidence to support the claim. However, the insurance company can ask for more information before approving your benefits. We can gather these records and any other documents requested by your employer’s insurer to prevent delays.
Independent Medical Exams in Hopkinton Workers’ Compensation Cases
Before receiving benefits, you must undergo an independent medical exam under § 45. Your employer’s Workers’ Compensation provider usually pays for these exams.
Occasionally, you might need to go for additional exams if your insurer asks for them. These requests must be in writing but can only be requested once every six months while you are receiving benefits.
If you do not agree to a requested medical exam, the insurance company will not approve your claim or continue any benefits you are currently receiving.
Fortunately, you can have your own doctor at an independent medical exam. However, you will need to pay for your doctor’s presence there. It also cannot be used as a reason to delay when the independent exam takes place.
Filing a Hopkinton Workers’ Compensation Claim with the Department of Industrial Accidents
Sometimes, injured workers need to file a claim with the DIA (Department of Industrial Accidents) to get paid for work-related injuries.
This usually happens when an employer fails to report the injury after it occurs. Workers can still file a claim, whether the employer made a mistake or left it out on purpose.
In other cases, workers must submit their own claim because their employer does not have the required Workers’ Compensation insurance.
Sometimes, an employer’s insurance company wrongly denies a claim and will not review it on appeal, or they might not provide all the benefits the employee is entitled to.
In other situations, workers receive medical opinions later in life, linking their job to current health problems. This often happens with exposures to toxins or jobs that involve repetitive movements and overworking.
Under § 41, injured workers have four years to file claims with the DIA. This four-year period begins either on the day of the accident or when the worker reasonably realizes that their injuries are related to their job.
To start your claim, you need to fill out Form 100. You can download this form from the DIA website, and we can help you submit it.
Workers’ Compensation Benefits for Permanent Injuries in Hopkinton
One category of Workers’ Compensation insurance is intended to provide support for employees who are permanently and completely disabled due to their injuries.
Employees can be eligible for benefits that correspond to a percentage of their lost earnings, which ranges between two-thirds of their average weekly income prior to their injury and their maximum weekly salary under § 34A.
This compensation will also be disbursed alongside any other benefits you have already received.
Workers’ Compensation Benefits for Temporary Injuries in Hopkinton
If you are expected to be completely out of work, but for only a temporary period, § 34 will offer compensation for up to 156 weeks.
Similar to benefits for long-term injuries, compensation is established between 60% of your earnings and the highest average of your weekly wages prior to your injury.
Some injured employees adjust their working hours to align with the recommendations of their treatment plans or must accept different roles that match their current abilities, even if these positions offer lower pay.
If so, injured workers are entitled to compensation amounting to 60% of the difference in the weekly earnings they would have obtained, according to § 35.
Injured employees can receive partial incapacity benefits for up to 260 weeks. However, this period can be extended to 520 weeks if the worker has lost 75% or more of a bodily function, such as vision or hearing, or if they have lost the use of a limb.
Contact Our Workers’ Compensation Lawyers in Hopkinton for Help
Call the Law Office of John J. Sheehan at (617) 925-6407 for a free case review with our Workers’ Compensation attorneys.