Amesbury, MA Workers’ Compensation Lawyer
While most people show up to work with the expectation of a safe work environment, this is not always the case. Many workers are hurt on the job for all sorts of reasons. You might have been injured by some machinery or power tools. Maybe you fell down the stairs in your office building. Either way, our attorneys can help you file a claim for Workers’ Compensation.
Workers’ Compensation may be available for employees injured in work-related accidents. Typically, an injury must prevent you from working for at least 5 days before you become eligible for benefits, and the type of benefits you receive may vary based on your injury and how long you are unable to work. For example, you may receive benefits for lost wages, medical costs, and other more specific injuries, like amputations or damage to vision and hearing. The best way to maximize your benefits and get the most out of your claim is to work with a lawyer.
Call the Law Office of John J. Sheehan at (617) 925-6407 and ask our Workers’ Compensation lawyers for a free, private case assessment to get started.
Who Can File a Workers’ Compensation Claim in Amesbury, MA?
Generally, people injured at work may be eligible for Workers’ Compensation benefits. However, you must satisfy various eligibility criteria before our Workers’ Compensation attorneys can help you get approved for benefits. Not only must your accident be related to your job, but you must be unable to work for a certain amount of time, and you must be considered an employee within the definition set by law.
Work-Related Injuries
As the name suggests, Workers’ Compensation is available for injured workers. Your accident and injuries must be sufficiently work-related to qualify for these benefits. For some, their accidents are very clearly related to their place of work, and this is not much of a hurdle. For example, if you are at your desk in your place of work actively fulfilling your job duties when a ceiling tile falls and hits you on the head, your accident may be sufficiently work-related to qualify for Workers’ Compensation. If you were injured in an accident while you were clocked out of work and running a personal errand, you likely do not qualify.
Some accidents are more difficult to categorize. For example, suppose you frequently travel for work and are injured in an airport. Is your accident work-related? You may not have been working while in the airport, and the airport is probably not your normal place of business. However, you were traveling as part of your normal job duties, and your accident may be considered sufficiently work-related.
Eligibility Criteria
If you are injured on the job, you must meet certain criteria to be eligible for Workers’ Compensation. The best way to determine if you meet the criteria is to speak to an attorney about your case.
Your injury must prevent you from working for at least 5 full or partial work days. These days do not have to be consecutive and may be intermittent. However, they must all occur within 4 years of the initial accident or realization of your injury. If you are hurt at work but only miss one or two days, you may still file a claim, but your benefits may be more limited. Claims involving less than 5 days of missed work due to injuries may only be entitled to medical benefits. Things like lost income are off the table.
Employees Only
One of the most important factors in a Workers’ Compensation claim is the claimant’s employment status. Workers’ Compensation may only be available to people considered “employees” within the meaning of the law. This might feel obvious, but some are surprised to find that they are not considered employees.
According to Mass. Gen. Laws Ch. 152 § 1(4), an employee is a person working in service to another under any contract of hire. This tends to include most workers, but a select few are excluded. Perhaps the largest group of workers not considered employees is independent contractors. If you are an independent contractor, you may not be covered by Workers’ Compensation. However, you are also not bound by other restrictions, and you can sue the person who hired you if you believe they are responsible for your accident.
Available Workers’ Compensation Benefits in Amesbury, MA
Benefits available under Workers’ Compensation vary based on your injuries and circumstances, and not everyone is entitled to all possible benefits. Not only that, but the value of your benefits depends on your average income or wage from before you were injured, making each claim truly unique.
Lost Income
If you are so badly hurt that you are permanently disabled and unable to ever work again, you may claim benefits for permanent and total incapacity. According to Mass. Gen. Laws Ch. 152 § 34A, you may receive benefits for lost wages worth up to two-thirds of your average weekly income. These benefits may last indefinitely.
If you are unable to work at all because of your injuries but are expected to eventually recover, you may claim benefits for temporary total incapacity. Under § 34, you may be entitled to 60% of your average weekly wage for up to 156 weeks.
If your injuries still allow you to work but in a reduced capacity, you may claim partial incapacity benefits. According to § 35, you may claim benefits worth 60% of the difference between the wages you earn before and after the injury. You may not be paid more than 75% of the total value of what would be your temporary total incapacity benefits. Partial incapacity benefits may be paid for no longer than 364 weeks.
Medical Costs
Injuries usually mean visits to hospitals and doctors, and medical bills might pile up quickly. Workers’ Compensation usually allows injured employees to receive benefits for reasonably necessary medical expenses. If the insurance company tries to deny benefits for certain medical procedures by claiming they were not reasonably necessary, talk to a lawyer immediately.
Speak to Our Amesbury, MA Workers’ Compensation Attorneys for Help with Your Claim
Call the Law Office of John J. Sheehan at (617) 925-6407 and ask our Workers’ Compensation lawyers for a free, private case assessment to get started.
