Winchester, MA Workers’ Comp Lawyer
Workplace accidents happen often, leaving injured workers without an income and needing compensatory damages, which can come from Workers’ Compensation.
The first thing to learn about Workers’ Compensation is whether or not you qualify. All employers in Massachusetts need Workers’ Compensation, meaning most employees are covered. Whether or not employees can get benefits will depend on if they were injured at work and need to take time off. If your claim is approved, you will get regular checks to cover some of your lost wages and reimburse all medical expenses. Workers who sustain permanent and totally incapacitating injuries can get Workers’ Compensation indefinitely, while others will face time restrictions on how long they will get benefits for lost wages.
For a free and confidential case assessment from our Workers’ Compensation lawyers, call the Law Office of John J. Sheehan now at (617) 925-6407.
What to Know About Workers’ Comp in Winchester, MA
The Workers’ Compensation system is complex, though many workers must navigate it when injured on the job. Nearly all workers in Massachusetts are covered by Workers’ Compensation and entitled to file claims for benefits when hurt at work. The funds you receive should cover a significant portion of your lost wages and all of your medical expenses. Benefit amounts vary from claimant to claimant, and how long you get Workers’ Compensation will depend on your specific injuries.
Who Qualifies?
All employers in Massachusetts must carry Workers’ Compensation insurance for their employees, who are individuals who meet the definition under Mass. Gen. Laws Ch. 152, § 1(4). Workers’ Compensation may not extend to independent contractors or seasonal workers, as they are not typically considered regular employees. Generally speaking, employees are eligible for Workers’ Compensation on day one of employment, provided they sustain a workplace injury.
That is the second part of eligibility: you must have sustained your injuries at work. Insurance carriers typically want evidence of this, and our Workers’ Compensation lawyers may present witness statements from your peers or security camera footage showing the incident. We can also refer to accident reports written by managers to confirm you did not intentionally cause your injuries, which is a common reason why insurers deny Workers’ Compensation claims. To help confirm you were injured at work, report the accident to your manager immediately and get medically evaluated.
Workers’ Compensation is the exclusive remedy for workplace injuries in Massachusetts, causing difficulties for workers whose employers do not comply with coverage requirements. In these situations, our lawyers can help injured workers file claims with the Workers’ Compensation Trust Fund.
After a workplace accident, report it to your employer, and they should give you the necessary information to initiate your claim. If they tell you that you are not covered or your claim will not be approved, inform our lawyers immediately. Employers may not intervene in Workers’ Compensation claims, and you are likely entitled to benefits.
What Does Workers’ Comp Cover?
It is important to understand all that Workers’ Compensation covers so that you can plan your budget accordingly. Crucially, Workers’ Compensation only pays a portion of a worker’s average weekly wage (AWW), not all of it. The exact percentage of your AWW you receive will depend on the classification of your injuries and whether you get temporary total incapacity, partial incapacity, or permanent and total incapacity benefits from your employer’s carrier.
Fortunately, you will not have to use your lost-wage benefits to cover medical expenses, as you will receive separate funds for medical costs. Workers’ Compensation insurance should cover all reasonable and necessary medical expenses. This includes the first trip to the doctor or emergency room after an accident and any subsequent treatments or appointments.
- 36 explains the special compensation for those with specific injuries, like permanent scarring or limb loss, which can result in extra one-time payment from Workers’ Compensation carriers. Workers’ Compensation does not cover non-economic damages for pain and suffering in Massachusetts. Because Workers’ Compensation is the exclusive remedy for workplace accidents, workers cannot sue their employers for non-economic damages. However, if a separate party caused your injuries, like a negligent manufacturer, you could file a claim against them for intangible damages.
What if Injuries Are Fatal?
Workplace accidents sometimes turn fatal, leaving the victim’s surviving family members at a loss. Workers’ Compensation offers death benefits in these situations, offering surviving spouses two-thirds of the victim’s AWW for as long as they remain unmarried, according to § 31. A deceased worker’s children might receive small weekly payments as well.
How Long Do Workers’ Comp Benefits Last?
How long your Workers’ Compensation lost-wage benefits last depends on which type you receive. For example, temporary total incapacity benefits can last up to 156 weeks, provided you cannot work for that long. Partial incapacity benefits can last even longer, up to 260 weeks. Partial incapacity benefits can be extended up to 520 weeks if claimants meet certain criteria and the insurer agrees or an administrative law judge orders. Finally, permanent and total incapacity benefits can last for the rest of a claimant’s life or until their disability is removed.
Your medical benefits will last as long as you need them and can show that your current medical expenses are due to your workplace accident in Winchester.
Be wary of accepting any transitional jobs from your employer while receiving Workers’ Compensation, as this could offset your benefit amount. Workers’ Compensation carriers might contact benefit recipients periodically to request updated information about their conditions to confirm their continued eligibility. Claimants should be prepared to provide current medical records detailing their injuries so that they do not lose their benefits, and our lawyers can help you organize this information when and if that time comes.
Call Our Lawyers for Help with Your Workers’ Comp Case in Winchester, MA Today
Call the Workers’ Compensation lawyers of the Law Office of John J. Sheehan for help with your case at (617) 925-6407.
