Suffering a loss of vision not only makes it difficult to work, but also to take care of many daily needs. When a loss of vision is due to conditions on the job, an employee may be entitled to receive workers’ compensation benefits for damages from the injury.
However, it can be difficult to understand how to apply for benefits or what to do if a claim is denied. Fortunately, a Boston vision loss lawyer could help with a workers’ compensation claim either at the start of the process or with any necessary appeals if a claim has been denied. A reputable workers’ compensation lawyer is ready to assess your situation and discuss your potential legal options.
Loss of Vision on the Job Can Qualify for Different Types of Benefits
The Massachusetts workers compensation scheme is designed to help employees who are injured while working or who suffer an illness or debilitating condition due to their work environment. Workers are often able to receive different types of benefits depending on the nature and severity of their injury. These benefits include:
- Temporary total incapacity benefits
- Partial incapacity benefits
- Permanent and total incapacity benefits
- Medical benefits
- Permanent loss of function and disfigurement benefits
An employee may be entitled to more than one type of benefit. Medical benefits cover the cost of necessary medical care including prescriptions, rehabilitation, and transportation costs associated with medical visits.
The various types of incapacity benefits compensate workers for their lost wages when they are unable to work or when they are forced to work fewer hours due to the injury or illness. These benefits are based on a percentage of the employee’s average weekly wage and are capped at a maximum set by the Massachusetts Department of Industrial Accidents.
Benefits for loss of function and disfigurement provide a one-time payment to compensate for scarring or a loss of bodily function. For the full or partial loss of vision in one or both eyes, a worker may be paid a certain number of weeks of wages if his or her condition is considered permanent.
The Massachusetts Workers’ Compensation System
Workers’ compensation is a no-fault system, which means employees can receive compensation for injuries and illnesses caused by work conditions regardless of whether an employer was negligent in providing a safe workplace.
Since an employee does not have to prove negligence or wrongdoing, applying for benefits can be a straightforward process. After experiencing vision loss, workers report the injury to his or her employer and the employer reports the incident and injury to the insurance company.
Unfortunately, the insurers frequently deny claims in an effort to keep costs low or an employer may refuse to report the incident to the insurance company. Oftentimes, Boston employees need to appeal a denial. A vision loss attorney in Boston could help an employee gather evidence that meets the requirements of each of the four stages of the claims process. These stages include conciliation, conference, evidentiary hearing, and a review by the Department of Industrial Accidents Reviewing Board.
Help from a Boston Vision Loss Claims Attorney
The process of appealing a workers’ compensation claim denial can be complex. Making sure the right evidence is presented in the proper format can strengthen an initial claim or an appeal to a denied claim.
It may be helpful to consult a Boston vision loss lawyer during your claims process to be certain that your employer is following the proper procedure to file your claim. You can ensure that the evidence presented initially or during an appeal gives you the best chance for success. Call today to discuss legal strategies to help obtain workers’ compensation benefits for your work-related vision loss.