Barnstable, MA Workers’ Compensation Lawyer
Unfortunately, accidents at work are not uncommon, and employees might be unable to perform their duties because of their injuries. The Workers’ Compensation system is designed to help injured employees make ends meet until they recover.
Generally, most accidents that are sufficiently job-related should be covered by Workers’ Compensation. Talk to an attorney to make sure you meet all eligibility criteria. Potential benefits include payments for reasonably necessary medical care and a portion of the income you lose while you cannot work. While some injured workers want to file lawsuits to claim greater damages, this is often not possible, as Workers’ Compensation laws bar lawsuits against employers. However, there might be circumstances under which a lawsuit is permissible, and you should talk to your lawyer about it. Begin your claim by reporting the accident to your employer immediately. Then, contact an attorney about filing a claim.
After suffering on-the-job injuries, call our Workers’ Compensation lawyers at (617) 925-6407 and arrange a free, private case review with our team at the Law Office of John J. Sheehan.
How to Know if You Need to File a Workers’ Compensation Claim in Barnstable, MA
First, the accident must be sufficiently related to your work. Accidents that cause injuries but have nothing to do with your job are unlikely to be covered. For example, suppose you are at work and fall down the stairs and break your leg because the stairs are uneven and need to be repaired. In that case, the accident may be deemed sufficiently work-related because you were on the job working when you were injured in the workplace.
If you fell down the stairs in your house while getting ready for work in the morning, your injuries probably would not be covered because the accident is not sufficiently related to your work.
One significant complication is when employees are injured outside of work but still technically on the job. This is often a concern for those injured while traveling for work or working remotely. Your accident might still be covered, but if it happened outside of work, talk to an attorney right away.
While you should always report your accidents to a supervisor immediately after they happen, you are not eligible for Workers’ Compensation benefits until you have missed at least 5 days of work. These 5 days do not have to be consecutive. Keep track of how many days you miss from work because of injuries or pain sustained in a work-related accident, as that information will be extremely important in your claim.
Potential Workers’ Compensation Benefits in Barnstable, MA
After your accident, you should have gotten fast medical attention for your injuries. Since medical care is often very expensive, especially for those without health insurance, you likely have significant medical bills. A Worker’s Compensation claim can provide you with benefits and compensation to help cover medical costs.
Keep in mind that only medical treatment that is considered reasonably necessary is covered by Workers’ Compensation. Emergency treatment, such as when someone is rushed to the E.R., is generally covered. However, if your doctor offers certain follow-up care that might make you more comfortable or feel better but is not reasonably necessary for your recovery, it might not be covered.
You can also receive benefits making up for a portion of your lost income. How much you receive may depend on the extent of your injuries. Temporary total incapacity benefits include compensation worth up to 60% of your gross average weekly income. These benefits may last no longer than 156 weeks.
If you are partially incapacity rather than totally, you may recover 75% of the benefits discussed above, so 75% of the total value of 60% of your gross average weekly wages.
If you are permanently and totally incapacitated because of your injuries, you are eligible to receive up to two-thirds of your gross average weekly wage. You may continue receiving these benefits as long as you cannot work.
Other Legal Options in Workers’ Compensation Cases in Barnstable, MA
Many claimants want to know if they can sue their boss for their injuries. This is a valid concern since employers are often responsible for the dangerous conditions that lead to workplace accidents. Suing your employer is likely not an option, as lawsuits against employers are generally barred under the Worker’s Compensation system. Not only that, but Workers’ compensation is mandatory, meaning you cannot choose to waive it and pursue other legal options. However, you might be able to sue under special circumstances.
For example, if the accident happened because of your employer’s deliberate or purposeful conduct, our Workers’ Compensation lawyers can help you sue them for your injuries. You can also sue if your injuries occurred because of a third party’s negligence or if your employer lacked the requisite insurance for your claim.
Some employees are unpleasantly surprised to find that their employer does not carry Workers’ Compensation insurance as legally required. While this means you cannot pursue a Workers’ Compensation claim, it also means that all other legal options that would otherwise be barred may be available. Contact a lawyer to determine what to do next.
How to Begin a Workers’ Compensation Claim in Barnstable, MA
Report your accident and injuries to your employer immediately to start your claim. Timing is important when it comes to Workers’ Compensation claims. If you wait to report the accident, your entire claim might be met with more scrutiny, and you risk missing out on compensation and benefits.
Next, you should contact an attorney to help you file the claim. Claims are frequently denied because of filing mistakes or errors claimants make when filling out forms.
You might need to be evaluated by a doctor selected by your employer or the insurance company, but a doctor of your own choosing can also examine you.
We need to attach copies of any unpaid medical bills, medical records, reports about the accident, witness statements, and other supporting evidence and documentation. When your claim is ready, we can file it by mail or in person with the Department of Industrial Accidents.
After a Work Injury, Call Our Barnstable, MA Workers’ Compensation Lawyers for Help
If there was an accident at work, call our Workers’ Compensation attorneys at (617) 925-6407 and schedule a free, confidential case evaluation with our team at the Law Office of John J. Sheehan.
