Manufacturing has always been a dangerous industry, and despite advances in manufacturing design and the implementation of safety equipment, workplace injuries in the manufacturing field still occur far too often.
For employees who suffer injuries or illness on the job, the Massachusetts workers’ compensation system can provide them with benefits to help them recover. However, it can be difficult to file a successful claim to recover the benefits needed to pay medical bills and make up for lost wages.
If you sustained injuries while working in a manufacturing job and are uncertain about how to file a claim or appeal a denial, it is advisable to consult a Boston manufacturing injury lawyer. A skilled attorney could help you obtain the benefits and compensation due to you.
Can You File Multiple Types of Claims for a Manufacturing Accident?
The workers’ compensation system in Massachusetts is a no-fault plan, which means employees may file a claim for benefits without proving fault on the part of the employer. The trade-off is that they are generally barred from filing a personal injury lawsuit against the employer and are limited to recovering only the benefits provided under by the company’s workers’ compensation insurance policy. This may be less than what could be recovered in a lawsuit if negligence were proven.
However, if the negligence or wrongdoing of someone other than an employer contributed to the workplace injury, a worker may file a lawsuit against a third party to recover additional damages. For instance, if an employee suffers an injury caused by a faulty conveyor belt, it may be possible to recover compensation from the manufacturer of the belt, if it can be proven that the belt was defective. This may be in addition to receiving workers’ compensation benefits from the employer.
Filing a Workers’ Compensation Claim
In most cases, a workers’ compensation claim is initiated when an injured employee reports the injury to the employer. It is important for the employee to promptly report the incident causing the injury and seek medical treatment as soon as possible to document the nature and severity of the injury. The employer then must report the injury to their insurer who provides workers’ compensation coverage.
However, sometimes an employer refuses to report the injury. In other cases, the injury is reported but denied by the insurer. When this happens, the employee needs to file a Form 110-Employee Claim with the Massachusetts Department of Industrial Accidents (DIA). A dispute over paying workers’ compensation benefits may then go through various stages of the claims process at the DIA.
Types of Benefits for Manufacturing Injuries
The workers’ compensation system in Massachusetts provides various types of benefits for workers who were injured or suffered illness in the course of their employment. Medical benefits cover costs associated with obtaining medical care. Other benefits can cover transportation and ongoing care such as physical therapy and prescription medications. Incapacity benefits provide payments to make up for wages lost when an employee is unable to work or is reduced to working fewer hours or in a different line of work due to the injury.
There are benefits for the permanent loss of function of body parts and for disfigurement or scarring on the face, neck or hands. Manufacturing injuries often result in these types of injuries, and there are state guidelines that determine the compensation value for full or partial loss of particular bodily functions.
How a Boston Manufacturing Injury Attorney Can Help
Whether you have filed a claim and been denied or want to know how to start the process, consider consulting an experienced Boston manufacturing injury lawyer for guidance. A lawyer could assist at all stages of the proceedings to help you aggressively pursue the benefits you deserve. An attorney can work tirelessly to see that you are not only represented appropriately, but that you are rewarded the compensation you deserve.