A workers’ compensation claim in Boston is a special kind of personal injury claim. These claims can only happen after an employee suffers an illness or injury related to their job that renders them unable to work.
While the scenarios that lead to such injuries, as well as the types of injuries suffered, may be identical to those that can lead to any type of personal injury claim, the mere fact that the injury happened at work changes the legal rules surrounding it. In Boston, a worker injured on the job can seek compensation only by filing a workers’ compensation claim.
Massachusetts law requires all employers to obtain a workers’ compensation insurance policy that is designed to provide payments for medical treatment and lost wage benefits in the case of a workplace injury. All workers are covered by these policies regardless of job duties or seniority. As a trade-off, workers cannot sue their employers in a personal injury case. For further assistance with discovering what is a workers’ compensation claim in Boston, get in touch with a knowledgeable attorney today. En Español.
Examples of Incidents That Could Lead to a Workers’ Compensation Claim
It is a common misnomer that only industrial workers or other blue-collar employees are eligible for workers’ compensation benefits. In truth, any worker performing any job is vulnerable to a workplace injury. While people who work with their hands or power tools are certainly more likely to suffer an injury, the reality is that any person could become ill or injured due to a workplace incident.
Any type of injury that leaves a worker unable to perform his or her duties qualifies that worker to pursue workers’ compensation. Common examples of qualifying injuries include:
- Back injuries
- Head injuries
- Joint injuries, especially in knees or shoulders
- Mental health issues related to stress that are not the result of a bona fide personnel action
- Chronic illnesses such a cancer that result from exposure to toxic substances
As long as this work-related injury or medical condition leaves a worker unable to work for at least five days, he or she should be able to make a claim on the policy.
How to File a Workers’ Compensation Claim in Boston
Filing a claim for workers’ compensation is relatively simple. A worker informs their supervisor in writing that he or she is unable to work because of an on-the-job illness or injury. Once this is done, it is the responsibility of the employer to inform their insurance company of the claim.
After the employer does this, the employer has no say in whether his or her claim is approved. If the insurance company decides to approve the claim, an injured worker may receive payments for medical treatment, lost wages and compensation for any work injury-related scarring, disfigurement, and permanent loss of function.
Schedule a consultation with an attorney for more insight on what is a workers’ compensation claim in Boston.
How a Claim May Go Wrong
Insurers may deny a workers’ compensation claim in Massachusetts for any number of reasons. Perhaps the most common justification for a denial is that the injury did not happen while at work. To qualify for workers’ compensation, the injury must have happened while the worker was on the clock and while he or she was performing his or her usual work duties. There are some loopholes that may qualify the injured worker to receive workers’ compensation benefits. When in doubt, contact an experienced workers’ comp lawyer to discuss the facts of your particular case.
Any allegation that the injury took place during a commute, during a lunch break, or was caused by horseplay could give an insurer an excuse to deny coverage. Other examples of potential denial reasons include:
- The injury was not caused by a worker performing his or her job
- The injury pre-existed the worker’s employment or work injury
- The worker did not inform his or her supervisor of the injury
How a Boston Workers’ Compensation Attorney Could Help
A qualified attorney could provide assistance for workers who have had a claim denied in obtaining the benefits that they deserve. Specifically, your Boston workers’ compensation lawyer could work to inform you of your rights and denied claims on your behalf with the Department of Industrial Accidents. Call today to learn more about what is a workers’ compensation claim in Boston and how to file a case.