Barnstable, MA Workers’ Compensation Lawyer

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Despite being entitled to Workers’ Compensation benefits, injured employees might face difficulties recovering them. Whether because they miss reporting requirements or fail to include the necessary materials in their claims, claims could be rejected, and we will aim to prevent such issues when we handle workers’ recoveries.

In all likelihood, your employer must have a Workers’ Compensation policy that covers you, paying you benefits if you get hurt on the job. If they do not, there are still ways for you to file a claim and get damages, so do not delay your case because of your employer’s non-compliance. An injury sustained at work that stops you from working for five partial or full days may warrant a Workers’ Compensation claim, with some even yielding additional specific injury benefit payments from carriers, like for vision loss and amputation. To prove your injuries, we will organize medical records containing diagnoses and physician notes and calculate your total deserved compensation for lost wages and medical expenses.

Call the Law Office of John J. Sheehan for a free and confidential case assessment from our Workers’ Compensation lawyers at (617) 925-6407.

Employees Who Qualify for Workers’ Compensation in Barnstable, MA

Massachusetts requires employers to have Workers’ Compensation to cover all regular employees, including full-time and part-time workers. You should be covered on your first day of employment in case you then suffer an injury that makes you miss at least five days of work, a requirement for filing a Workers’ Compensation claim. Independent contractors are typically not classified as regular employees and are not covered by Workers’ Compensation. The other notable mention is domestic employees, for whom Workers’ Compensation is only mandatory if they work 16 hours a week or more.

Suppose your employer fails to comply with Workers’ Compensation mandates. In that case, you can still recover benefits but would do so by filing a claim with the Workers’ Compensation Trust Fund (WCTF) in Massachusetts. The WCTF would then process your claim and approve and pay your benefits, which would be the same amount you would be entitled to from an employer’s carrier.

You can file a Workers’ Compensation claim after missing five or more full or partial calendar days of work because of a job-related illness or injury. Generally, work injuries leave victims unable to return to their jobs for much longer than that, and Workers’ Compensation can provide some of your missed income for that time and cover all medical expenses you incur.

Injuries that Qualify for Workers’ Compensation in Barnstable, MA

Any injury you suffer while working in Massachusetts will likely be covered by Workers’ Compensation as long as you did not intentionally injure yourself. Accidentally causing your injuries will not bar you from Workers’ Compensation benefits.

Common workplace injuries that necessitate Workers’ Compensation claims include fractures from slip and falls, chemical burns, repetitive motion injuries from routine muscle, tendon, or ligament use, back and spine injuries, and overexertion. Many of these injuries are sustained during major accidents, while others happen over time, worsening over many years and finally causing employees significant issues that prevent them from working.

We do not have to trace your injury back to anyone else’s negligent conduct, such as your employer’s, for example, for your Workers’ Compensation claim to be approved. Negligence is not an issue in these cases. We must show that you were hurt at work and that you did not harm yourself on purpose, but not that anyone else is at fault for the accident.

In addition to injuries, employees may file Workers’ Compensation claims for work-related illnesses and medical conditions. Sicknesses from inhaling toxic chemicals and other conditions, like tendinitis or arthritis, can seriously affect one’s ability to work, potentially entitling them to long-term benefits from Workers’ Compensation.

Medical Records to Gather for Your Barnstable, MA Workers’ Comp Case

In anticipation of your Workers’ Compensation case, we can obtain and organize all relevant medical records, starting with the initial documentation of your injury, which could come from the emergency room or your primary care physician, depending on the severity. We will also get records from follow-up care, as well as information about pre-existing conditions the carrier might give you a hard time about, offering much-needed context.

Emergency Room Records

While not all reasons for Workers’ Compensation claims are major accidents, some are. When hurt during a vehicle accident or explosion at a construction site, for example, you could suffer injuries that require urgent medical attention. This could mean a trip to the emergency room. If necessary, you can even call 911 so paramedics can take you to the hospital from your work site.

We can use these emergency room records to help show when you suffered your injuries and that it was the same date as the accident at work, according to information gained from your employer and potential witnesses. Emergency room records can also confirm your immediate injuries and the initial testing you received, as well as its cost.

You might not need to go to the emergency room for your injury. For example, if you have noticed pain in your wrist getting progressively worse, and you suspect a repetitive motion injury because of the nature of your work, you might go to your primary care physician for confirmation. In that case, our lawyers would obtain those initial records of the original documentation of your injury, which we will need for the Workers’ Compensation case.

Continuous Care Records

Injuries that make you miss work will likely require some form of additional treatment. In fact, the cost of medical care is one of the major incentives for workers to file claims, in addition to recovering some of their lost wages. Workers’ Compensation pays all medical expenses employees incur. As you attend follow-up appointments with doctors, get assessed by specialists, and potentially undergo treatments like surgery and physical therapy, our attorneys will organize evidence of your medical records. Having this information readily available for your claim is paramount, as the Workers’ Compensation carrier will use it to evaluate the severity of your injury and the type of lost-wage benefits you should receive.

Pre-Existing Condition Records

When employees file claims for repetitive motion injuries or illnesses, Workers’ Compensation carriers might give them issues about their pre-existing conditions or diagnoses. Being forthcoming about possible pre-existing conditions, and also presenting medical evidence showing show a pre-existing condition is unrelated to a claimant’s current injury or illness, is very important for some Workers’ Compensation cases and something our attorneys can prioritize when necessary.

Defining Different Workers’ Compensation Benefits in Barnstable, MA

As an injured employee, you may be eligible to receive different Workers’ Compensation benefits for your lost income and medical expenses, with additional payments if you suffered a specific injury. There are even different types of lost-wage benefits depending on the severity of a claimant’s injury or condition, and confirming your benefit amount is important so that you get the funds you are entitled to.

Lost-Wage Benefits

Lost-wage benefits refer to the compensation you get for the income you miss out on while recovering from a workplace accident. Unfortunately, Workers’ Compensation does not cover all missed income, just a portion of it. Benefit amounts and how long claimants will keep getting payments vary, depending on the classification of an injury or illness.

For example, suppose you are temporarily and totally disabled, meaning you cannot work at all for a period but will likely make a full physical recovery at some point. In that case, our Workers’ Compensation lawyers would calculate your benefit amount according to Mass. Gen. Laws Ch. 152, § 34. You would get 60% of the average weekly wage before the injury for up to 156 weeks.

If you can go back to work but at a lower earning capacity because of the injury, you could still recover some of the difference in your income according to § 35. Our Workers’ Compensation lawyers can help you get partial incapacity benefits when you are eligible, which last for up to 260 weeks in most cases.

Workers whose injuries are permanent and leave them totally unable to work can get life-long lost-wage benefits, according to § 34A, equating to two-thirds of their average weekly wage before the accident.

Calculating your likely benefit amount can help you ensure you get the right recovery from Workers’ Compensation for your missed income.

Medical Benefits

Fortunately, Workers’ Compensation covers all necessary medical expenses stemming from a workplace injury, regardless of the lost-wage benefits employees are entitled to. This includes extended hospital stays, prescription medications, ambulance services, X-rays, MRIs, CT scans, and other diagnostic tests, surgeries, physical therapy, wheelchairs and other mobility aids, and more. Once your claim is approved, your employer’s carrier will provide an insurance card and a claim number, which you can give to your physician for billing services moving forward. You will also be reimbursed for any medical expenses that you paid out of pocket up to this point.

Specific Injury Benefits

For specific injuries, including sight loss, hearing loss, major and minor arm amputation, major and minor hand amputation, leg and foot amputation, loss of bodily functions or senses, and some bodily disfigurement, Workers’ Compensation pays additional amounts, according to § 36. Specific injury benefits are one-time payments given to workers who have suffered, generally, permanent and life-altering injuries that will affect not only their earning capacity in the long term but their quality of life as well. When initially preparing your claim, our lawyers will review your injuries to confirm if you are eligible for extra money from Workers’ Compensation and ensure you get it from your employer’s carrier if entitled.

Handling the Aftermath of a Workplace Accident in Barnstable, MA

Employees’ handling of workplace accidents and their aftermaths could affect their future Workers’ Compensation claims, and we can ensure you appropriately inform your employer of your injury, prioritize your physical health so you have sufficient medical evidence, and pursue a timely claim so you recover damages as soon as possible.

Even if your accident was a major event that your employer could not possibly ignore, like the explosion of a defective product, make sure you inform them of your injury and that you cannot work because of it. It is your employer’s responsibility to inform their carrier of your injury after you inform them, so do not ignore this crucial step.

Do not neglect your physical health after a workplace accident, and get evaluated by a doctor if you feel at all injured. It can be difficult to trace injuries and occupational illnesses back to their true cause in some cases, so getting medically evaluated may be necessary to confirm what is going on. Doctors might find evidence of worn ligaments from repetitive motion injuries that supports your case and ultimately enables you to get compensation. For any injury, no matter how physically limiting for workers, following treatment plans is important, as gaps in medical records could jeopardize claims.

Time is of the essence with Workers’ Compensation claims, as employees might start feeling the full effects of their missed wages almost immediately, especially when coupled with expensive medical bills. Delaying your Workers’ Compensation case unnecessarily could increase your chances of rejection, as the carrier might question the cause of your injury and why you waited to seek damages, which we will seek to avoid.