Do not assume your injuries are too insignificant for Workers’ Compensation, and let our lawyers see if you have a claim. Even if you file a claim that gets denied, we can file an appeal of the decision and still get the benefits you need after an occupational accident.
Providing enough medical evidence helps Workers’ Compensation claims get approved. We can organize records from initial medical treatment and ongoing care. You may need to provide updated medical records as requested by your employer’s carrier, especially if you have a permanent injury that generates long-term medical expenses.
Call the Law Office of John J. Sheehan’s Workers’ Compensation lawyers for a free case assessment at (617) 925-6407.
When Can I Get Workers’ Compensation?
You can get Workers’ Compensation if you suffer a workplace injury or illness that makes you miss five or more days of work. The days can be partial or full and do not have to be consecutive for you to qualify for some compensation.
Massachusetts requires Workers’ Compensation for all employers, so you should be covered as an employee. If your employer lacks coverage, the Workers’ Compensation Trust Fund exists and may compensate you.
Carriers have two weeks from being alerted of your injury to approve or deny the claim. Since Workers’ Compensation is a no-fault system, carriers can only deny claims in certain situations, like if the claimant intentionally injured themselves or was drunk on the job.
If doctors warn you against working with your injuries, do not try to resume your occupational duties. Doing so might complicate a future Workers’ Compensation claim. You might face questions about the severity or cause of your injuries, which you can avoid by not returning to work after suffering injuries and reporting the incident to your employer right away.
What if I Get Denied Workers’ Compensation in Newburyport?
Call us right away if your Workers’ Compensation claim gets denied in Newburyport. Our attorneys can immediately review the reason for denial and begin preparing an appeal.
Workers’ Compensation appeals go through the Department of Industrial Accidents (DIA). We submit appeals by filing Form 110, Employee’s Claim, to the DIA. Our Workers’ Compensation lawyers will also send supporting documents, such as medical records.
What typically follows is a “conciliation” hearing, where our lawyers, the insurer, and a conciliator from the DIA attempt to reach an agreement. If there is no resolution, the claim moves forward with an administrative law judge.
You may continue appealing decisions until you get Workers’ Compensation benefits, though providing additional medical evidence and other context helps resolve appeals quickly.
Do not wait to pursue an appeal if your employer’s carrier denies you Workers’ Compensation in Newburyport. You will keep incurring lost wages as long as you are unable to work, and appealing a decision gets you one step closer to getting compensation for missed income.
What Medical Records Do I Need to Get Workers’ Comp?
Our attorneys can help get all relevant medical records for your Workers’ Compensation claim. Without enough proof of injury, your claim might get denied.
Records from Initial Evaluations
We require records from your initial medical evaluation, so please provide us with the details of where you sought treatment. Massachusetts typically requires workers to see one of their employers’ approved physicians for initial treatment unless it is an emergency.
These medical records help prove when you were injured. Physicians may note the likely cause of your injuries, like if you suffered a repetitive motion injury over many years or a deep laceration on a construction site.
These medical records also prove the initial extent of an injury. Always get medical attention when a major accident happens and hurts you. Or, if you notice discomfort in your hands, wrists, back, knees, or other areas associated with repetitive motion injuries, get assessed right away.
Records from Ongoing Care
We also need records of any additional care you received in the days or weeks following your initial treatment. You may need surgery, have to start physical therapy, or undergo other procedures to help heal your injuries.
Keep getting medical treatment after your claim is approved. Physicians can bill the Workers’ Compensation carrier directly, so you should see any charges for ongoing care.
Workers’ Compensation carriers might periodically request updated proof of injury to confirm continuing to pay benefits is appropriate. This is another reason why seeking ongoing care is crucial for Workers’ Compensation in Massachusetts, as payments might stop if you cannot prove you are still injured.
Records of Pre-Existing Conditions
A Workers’ Compensation carrier might argue that pre-existing conditions or injuries contributed to an employee’s current inability to work rather than workplace conditions or an accident. We can address this head-on by being transparent about pre-existing conditions.
Medical records and statements from physicians can clarify that a pre-existing injury is unrelated to your current inability to work and that it did not inhibit you from working in any way previously.
Does Workers’ Comp Pay Death Benefits to Survivors in Newburyport?
When employees die from work-related injuries, their survivors get Workers’ Compensation death benefits in Newburyport. Let our lawyers help you navigate such a difficult time and assert your deserved damages if your loved one recently passed away from an occupational injury or illness.
Spouses receive some of a deceased worker’s income after their death while they remain unmarried, and our lawyers can confirm the amount given to you is accurate. Deceased workers’ children may also get some benefits until they reach adulthood, generally speaking.
Workers’ Compensation also pays burial expenses, alleviating that financial burden for survivors.
Deceased employees’ survivors may also file claims with the Workers’ Compensation Trust Fund when employers do not have the appropriate coverage, and our attorneys can help grieving families in these situations.
Call Us to Discuss Your Workers’ Comp Case in Newburyport
Call the Law Office of John J. Sheehan’s Workers’ Compensation lawyers for a free case evaluation at (617) 925-6407.