Belmont, MA Workers’ Compensation Lawyer

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As a worker in Belmont, you are protected by Workers’ Compensation. This means that if you get hurt on the job, you can pursue a claim for benefits.

Some industries present a higher risk for workplace accidents in Belmont, such as the education, health services, transportation, construction, and manufacturing industries. Regardless of the industry you work in and the severity of an accident, report it to your employer immediately in Belmont. That will kick start the Workers’ Compensation claim process, which we can help you navigate. On top of explaining the role of independent medical examiners in your claim, we can also prepare you for your likely recovery, which should compensate you for some of your lost wages and all of your medical damages.

Call the Belmont, MA Workers’ Compensation lawyers of the Law Office of John J. Sheehan at (617) 925-6407 for a free case assessment.

Industries with the Highest Risk of Workplace Injuries in Belmont, MA

Although workplace accidents can happen in any environment, they are more prevalent in high-risk industries in Belmont, such as the healthcare, construction, and manufacturing industries.

According to the Massachusetts Survey of Occupational Injuries and Illnesses Report, the education and health services industries saw the most non-fatal occupational accidents and injuries in Massachusetts in 2019, with 22,200 cases. Trade, transportation, and utilities followed, with 14,600 occupational injuries and illnesses in the same year.

Other dangerous industries for workplace accidents include the construction and manufacturing industries. When workplace accidents happen on construction sites, employees risk sustaining crushing injuries, spinal cord injuries, traumatic brain injuries, and fatal injuries.

Even in office environments, life-altering workplace accidents might happen. Slip and falls in stairwells, overexertion, vehicle accidents, lifting injuries, and occupational illnesses are common reasons for Workers’ Compensation claims in Belmont.

Since all employers must have Workers’ Compensation coverage in Massachusetts, all workers should be covered, regardless of industry. Furthermore, all occupational injuries should qualify workers for benefits, provided workers did not intentionally cause their injuries.

Reporting a Workplace Accident to Your Employer in Belmont, MA

One of the most important things a victim can do after a workplace accident is inform their employer of the event and their injuries. Do not wait to do this, as delayed reporting could hurt your chances of recovering Workers’ Compensation benefits in Belmont.

If there was a major accident on your work site, like an explosion or vehicle accident, tell your employer right away. Workplaces typically have procedures for documenting these types of accidents. Furthermore, the more serious the incident, the more serious the victim’s resulting injuries might be. If there is insufficient documentation of the accident or you delay reporting it, you could face issues recovering damages for your injuries and subsequent losses. After you tell your employer about your injuries, they must then inform their Workers’ Compensation carrier.

Regardless of severity, you should report any occupational illness or injury to your employer. If you notice an injury worsening over time, like an injury due to repetitive motion, tell your employer and get immediate medical attention. Similarly, if you were hurt in a major accident, get emergency medical care.

The Role of Independent Medical Examiners in Belmont, MA Workers’ Comp Claims

Employers or insurers can require injured workers to submit to medical examinations by an independent physician to confirm their injuries in Belmont.

According to Mass. Gen. Laws Ch. 152, § 45, your employer or their Workers’ Compensation carrier can compel you to see a registered physician to examine you. If you do not agree to this examination, the carrier might deny your claim.

During this examination, you can have a doctor of your choosing present. By doing this, you can ensure that the resulting medical examination is accurate and fair.

These medical examinations can happen at any point after a worker sustains an injury or when receiving Workers’ Compensation benefits in Belmont.

Whether or not your employer’s carrier will require additional physical examinations might depend on the severity of your injuries and whether there are questions surrounding your claim. Our Workers’ Compensation lawyers can prepare the necessary information about your medical condition and disability and submit that information to the carrier at the start of your claim. Provided your injuries are genuine and qualify you for Workers’ Compensation benefits, an examination by an independent medical professional should not derail your claim.

Lost-Income Benefits and Workers’ Comp Return-to-Work Programs in Belmont, MA

Workers’ Compensation covers some of an employee’s lost wages due to injury. To mitigate the benefits their carrier has to pay and to lessen the effects of a claim on their insurance premiums, your employer might encourage you to engage in a return-to-work program. While such programs can benefit injured workers, they might come with drawbacks that our attorneys can explain.

To begin, claimants should have a good understanding of the lost-income benefits accessible to them. Lost-income benefits differ depending on a worker’s disability or injury. For example, according to Mass. Gen. Laws Ch. 152, § 34, if you qualify for temporary total incapacity benefits, your weekly lost-income benefits would equate to 60% of your gross average weekly wage (AWW). However, if you qualify for permanent and total incapacity benefits, your weekly lost-income benefits would be two-thirds of your AWW for the year leading up to the accident.

However, if you partake in a return-to-work program, your lost-income benefits would be reduced to offset your new wages. Because of this, injured workers should only participate in these programs if they are physically able to do so. Pushing yourself to return to work before you are able could worsen your injuries and leave you without sufficient compensation in Belmont.

All of that said, partaking in a return-to-work program should not affect your compensation for medical damages, which should cover all necessary medical expenses due to a workplace accident.