Marblehead, MA Workers’ Comp Lawyer
Accidents at work are more common than many people realize, and there are legal provisions in place to help injured employees get back on their feet. In Massachusetts, injured employees may file for Workers’ Compensation to recoup some of their losses, but there are certain restrictions to consider. Speak to an attorney about your situation, and they can help you file a claim.
Not every injured employee may file a Workers’ Comp claim. Generally, the accident must have happened while the employee was at work, and the employee must be unable to continue working because of their injuries. Accidents outside of work or those that do not disable the victim are likely not compensable. Talk to an attorney about your situation to determine if you are eligible for Workers’ Compensation. If you are, you may receive benefits for lost wages, medical bills, and possibly more, depending on your circumstances.
Start your case with a free assessment from our Workers’ Comp lawyers at the Law Office of John J. Sheehan by calling (617) 925-6407.
When Someone May File a Claim for Workers’ Compensation in Marblehead, MA
For our Workers’ Comp lawyers to begin your case, your accident must be related to your job. In some cases, it is very clear whether an accident is sufficiently work-related. For example, someone injured at their place of work while on the clock will probably be able to file a claim. However, the situation might be less clear for others. For example, do you travel for work? What happens if you are injured at the airport while flying for a business trip? Employees may be covered by Workers’ Compensation even if they are traveling, but it is still best to check with an attorney.
Work accidents can happen to anyone. We often think of accidents on the job as things that happen to people who work in dangerous fields. For example, we might assume that construction workers or factory employees who work with heavy machinery are more likely to get hurt. However, people who work in an office or behind a desk might also get hurt. While injuries from things like power tools and machinery are possible in certain lines of work, many people are hurt because of the conditions of the premises of their place of work. You might be hurt by an unsafe stairwell or on a malfunctioning escalator. Even a wet floor might cause someone to fall and get hurt.
How to Know if You Are Eligible for Workers’ Comp in Marblehead, MA
Workers’ Compensation is only available to people legally considered “employees” under Massachusetts law. According to Mass. Gen. Laws Ch. 152 § 1(4), and employee is any person in service to another working under a contract of hire, which may be express or implied and oral or written. This broad definition tends to include most people working for payment. However, a select few people are excluded from this definition, including people working on ships engaged in interstate or foreign commerce, professional athletes, certain real estate salespeople, and various others.
It is worth noting that independent contractors are not considered employees and may not be covered by Workers’ Compensation unless they carry their own insurance. In some cases, people work under the impression that they are employees only to discover that their employer purposefully misclassified them as independent contractors to avoid paying for Workers’ Compensation insurance. Talk to an attorney immediately if this sounds like your situation.
After your accident, you should be unable to work to qualify for Workers’ Comp. According to the Department of Industrial Accidents (DIA), you must be disabled for no less than 5 full or partial work days. The days do not need to be consecutive, meaning you might take a day off work because of your injuries here and there rather than all at once. If you are disabled for less than 5 days, you may file a claim for medical compensation only.
Possible Benefits From Workers’ Comp in Marblehead, MA
Workers’ Comp may cover more costs than you think. It can help injured employees pay for medical bills after an accident and may provide compensation for lost wages and additional compensation for specific injuries.
Lost Wages
How much of your wages are compensated for in a Workers’ Compensation claim depends on whether you are temporary or totally incapacitated and whether your incapacitation is total or partial.
According to Mass. Gen. Laws Ch. 152 § 34, temporary total incapacity benefits may account for 60% of your gross average weekly wage based on the 52 weeks before the accident, and you may receive such benefits for up to 156 weeks. Temporary partial incapacity benefits are available under § 35 and may be worth at least 60% but not more than 75% of the value of temporary total incapacity benefits. These benefits may be paid for 260 weeks.
If your injuries leave you totally unable to work permanently, you may be entitled to permanent and total incapacity benefits under § 34A. These benefits may equal two-thirds of your average weekly wage and be paid indefinitely.
Medical Benefits
Workers’ Comp also covers your medical costs, at least to a certain extent. Only costs for treatment that are considered reasonably necessary may be covered. Depending on your injuries, you might need extensive medical care, and the insurance company might push back on what your doctors believe is reasonably necessary. Contact an attorney immediately if this happens.
Specific Injuries
Some specific injuries warrant additional compensation under § 36(1). These injuries tend to cause permanent impairments or disfigurement, and benefits may be paid as a one-time lump sum. This includes injuries involving the loss of vision and hearing, amputations, loss of bodily functions, and disfigurement. The value of the compensation depends on the severity of the injury.
Contact Our Workers’ Comp Lawyers in Marblehead, MA for Help Now
Start your case with a free assessment from our Workers’ Comp lawyers at the Law Office of John J. Sheehan by calling (617) 925-6407.
