Boston Workers’ Compensation Law

4912894178_c396711242Workers’ compensation is a type of insurance that employers hold for the benefit of their employees, should their employees be injured on the job. While most employers are required to have this type of insurance, insurance is particularly prevalent in high-risk, labor-intensive positions such as construction, manual labor, or factory-type positions.

Who Qualifies for Workers’ Compensation in Boston?

Any temporary, long-term, or permanent injury or illness that occurred as a direct result of your work may entitle you to workers’ compensation benefits. Temporary total incapacity benefits are paid out in the amount of 60% of your typical weekly wage for up to 156 weeks following your injury. These types of benefits are paid to injured workers who are unable to work for six or more full or partial calendar days due to your injury or illness. Partial incapacity benefits, on the other hand, are paid out when an injured worker is still able to work, but they lose a portion of their earning capacity. This includes workers that have a change in title, work responsibilities, hours, or pay. The worker may be entitled to up to 75% of his prior weekly wage. Finally, permanent and total incapacity benefits may be paid out when an injured worker is permanently barred from doing any kind of work as a result of their work-related injury or illness. This payment may entitle you to up to two-thirds of your average weekly wage for as long as you are disabled, which may be indefinitely.

What Kind of Benefits Am I Entitled To?

As you can see from the various types of benefits explained above, the type of benefits you are entitled to depends on the severity and longevity of your injury, your present and future ability to work, and the type of work you may be able to do. Before these payments can be collected, you must complete an application for benefits. After the Massachusetts Office of Labor & Workforce Development Department receives your application, they will be able to better assess your claim information. Even if you are initially denied benefits, you may be able to appeal your claim. Beginning this process immediately after a work-related injury and ensuring the paperwork is thoroughly completed is the best way to ensure your claim will be filed expeditiously.

Can My Family Receive Benefits?

If the work accident or injury resulted in death, a spouse or child under the age of 18 may qualify for surviving spouse or dependent payments. Surviving spouses may be entitled to up to two thirds of the deceased’s worker’s wage up until the spouse is no longer dependent or re-marries. Even if the spouse re-marries, a $60.00 payment still may be dispersed to eligible dependent children. Reasonable burial expenses may also be recovered in the event of a work-related death.

What If I Need Help With My Application or Have Already Been Denied?

Even if you fill out your application quickly and accurately, claims can still be denied. Our knowledgeable workers’ compensation attorneys at John J. Sheehan understand how difficult it can be to juggle your injury on top of financial concerns that such injury causes. Our Boston workers’ compensation lawyers can ensure that your application for benefits is filed right the first time, to ensure you can start receiving benefits as soon as possible. Even if your claim has already been denied, it is not too late to seek the guidance of lawyers who know how to navigate this system. Contact us today and let us help so you can focus on your recovery and your family.

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