Accidents in the workplace might leave you so injured that you cannot do your job, at least not for a while. We rely on our jobs for income, and some people cannot afford to miss a single paycheck. Depending on your situation, you may file a Workers’ Compensation claim with the help of a lawyer and get the benefits you need to live.
Your benefits may cover a portion of your lost income and your medical costs. Exactly how much these benefits are worth depends on the severity of your injuries and how incapacitated you are. To be eligible for Workers’ Compensation, you must be an employee as defined by law. This includes most workers, but a few are specifically excluded. You must be unable to work for more than 5 days, and benefits usually begin from your sixth missed work day. Our team can help you gather the information you need to start your claim.
Get a private, free case assessment by calling our Workers’ Compensation attorneys with the Law Office of John J. Sheehan at (617) 925-6407.
Available Workers’ Compensation Benefits
The benefits available to you may be based largely on your ability to work and how long you are unable to work. In short, the more serious your injuries and the longer you cannot work, the more compensation you may be eligible to receive.
Partial Incapacity
You may claim benefits for partial incapacity under Mass. Gen. Laws Ch. 152 § 35. This applies to injured employees who are still able to work but in a reduced capacity, earning a lower income. You may receive weekly compensation worth 60% of the difference between your current wage and the wage you earned before becoming injured.
Generally, you may not receive partial incapacity benefits for more than 260 weeks. However, this time may be extended to 520 weeks if the insurer agrees, or an administrative law judge determines, that you suffered a permanent loss of 75% or more of a bodily function or sense.
Total Temporary Incapacity
Total temporary incapacity benefits under § 34 may be approved for individuals who are totally unable to work but are expected to recover. You may recover 60% of your average weekly wage for up to 156 weeks.
Permanent and Total Incapacity
If you are permanently and totally incapacitated, meaning you are unlikely ever to work again or at least for the foreseeable future, you may recover permanent total incapacity benefits under § 34A. These benefits were worth two-thirds of your average weekly wage from before your accident, and you may receive them indefinitely.
Eligibility for Workers’ Compensation in Seekonk
Before you can receive compensation, our Workers’ Compensation lawyers must check that you meet the eligibility criteria. Even if you are ineligible for benefits, you might still have other legal options to choose from.
Eligible Accidents
An accident must be sufficiently work-related to be covered by Workers’ Compensation. For many, this is an easy criterion to meet, but for others, it is a harder task.
Accidents that happen while an employee is in their normal place of work doing ordinary job functions are almost always covered. However, many people travel for work or perform varying duties, making their jobs and workplaces more inconsistent.
For example, if someone is injured at the airport while traveling for business, should they be eligible for Workers’ Compensation? Ultimately, the answer to this question may depend on what a judge decides, and your attorney can help you build your case.
How Long You Must Be Incapacitated
If you are injured in a work-related accident, you are not eligible for benefits until you have missed more than 5 days of work. Payment for lost wages usually begins on the sixth day. These days do not have to be consecutive and can occur sporadically over time.
Under Mass. Gen. Laws Ch. 152 § 29, if you miss at least 21 days of work because of your injuries, you may be compensated for the first 5 missed work days.
Employees vs. Independent Contractors
Only workers who are legally defined as employees under § 1(4) may be eligible for benefits. This includes most people working under a contract for hire, although some people, like certain real estate agents, professional athletes, and employees on ships in interstate commerce, are excluded.
Independent contractors are not considered employees and are not eligible to file Workers’ Compensation claims. Independent contractors are described under Mass. Gen. Laws Ch. 149 § 148B(a). Key differences include setting their own work schedule and establishing their own pay rates.
If you are not an employee, your attorney may help you explore other legal options to get compensation.
Can I File a Lawsuit Against My Employer and Claim Workers’ Compensation in Seekonk?
Generally, employees eligible for Workers’ Compensation may not pursue injury cases against their employers. However, there may be ways around this rule.
According to Mass. Gen. Laws Ch. 152 § 24, if an injured employee is eligible for Workers’ Compensation in Massachusetts, it is their sole legal remedy, barring special circumstances.
While employers are generally shielded from personal liability for accidents covered by Workers’ Compensation, there are several exceptions. For example, if your employer does not carry the necessary insurance to pay for Workers’ Compensation benefits, you can sue them instead. Also, if you believe your employer deliberately caused the accident or knowingly allowed it to happen, you may sue them.
If you are unsure about how to proceed, consult an attorney about your situation. Your employer might not necessarily be on your side, and an attorney can advise you on your legal options.
Speak to Our Seekonk Workers’ Compensation Attorneys to Get Help Today
Get a private, free case assessment by calling our Workers’ Compensation attorneys with the Law Office of John J. Sheehan at (617) 925-6407.