Can I Get Workers’ Compensation for a Head Injury in Massachusetts?
Worker’s compensation is a system employed within Massachusetts that helps injured workers and employees maintain an income while they recover from work-related injuries. Workers’ compensation covers almost any kind of injury as long as that injury meets the criteria for workers’ compensation as set by Massachusetts law. A head injury will most likely be covered, depending on the circumstances surrounding the injury. Keep reading to find out if a worker can get workers’ compensation for a head injury from our Massachusetts worker’s compensation attorney at the Law Office of John J. Sheehan.
Types of Injuries Covered by Workers’ Compensation in Massachusetts
Workers’ compensation does not discriminate based on the type of injury suffered. Workers’ compensation may cover almost any kind of injury if the right conditions are met. This includes any kind of head injury, whether serious or minor. If your head injury keeps you home from work for a week or prevents you from working full time ever again, you may be covered.
Workers’ compensation can cover nearly all injuries, as long as they happen at work. Injuries could be extreme, like lost limbs or severe burns, or they could be relatively minor, like a strained back or a twisted ankle. Proving your injuries resulted from a work-related accident is the key to getting your injury, including head injuries, covered by workers’ compensation. Massachusetts law spells out several specific criteria and conditions that need to be met for an injury to be covered by workers’ compensation. Get in touch with our Boston workers’ compensation lawyer for help with your work-related injury.
Types of Accidents Covered Under Workers’ Compensation in Massachusetts
For your head injury to be covered by workers’ compensation, it must have occurred in a work-related accident. Exactly how a work-related accident is defined may seem obvious at first, but if an accident occurs outside the scope of your employment, your injuries might not be covered. For example, being struck on the head while on the job may be covered by workers’ compensation. However, being struck on the head while you are on your way to work may not be covered.
In addition, your head injury must leave you unable to work for at least five days. These days need not be consecutive, and you have four years from the date of your injury to file a workers’ compensation claim. If you cannot return to work for less than five days, you may still file a claim but only for medical expenses.
Your head injury is likely to be covered as long as the injury happened while you were on the job and acting within the scope of your job duties. Even a minor head injury can be covered for medical expenses if you do not miss any work. Contact our Cambridge workers’ compensation attorneys to learn more about what kind of situations are covered by workers’ compensation insurance.
How Much Workers’ Compensation Can I Get for a Head Injury in Massachusetts?
The amount of compensation you can get for a head injury will depend on a few different factors. The amount of money you can receive relies heavily on the extent of your medical expenses and the amount of time you miss from work. Workers’ compensation benefits can last as long as you need them, indefinitely in some cases. Generally, more severe injuries or injuries that have long-lasting consequences may result in larger payouts.
A more serious injury may involve more expensive medical bills. If your head injury resulted in a trip to the hospital, your hospital bills might be covered by workers’ compensation. The amount of coverage depends on the treatment you received at the hospital. Things like x-rays and pain medication may all be covered. The more treatment you need, the more coverage you can get.
Not only that, even if your injury comes with relatively minor medical bills, you may be entitled to greater compensation if your injury prevents you from returning to work. You must miss at least five days of work, but many people are out of commission for weeks, months, or indefinitely. Workers’ compensation can make up a portion of your lost income for as long as you are out of work.
Finally, the extent of your injuries can play a role as well. A person who can return to work, but in a lesser capacity, may receive partial compensation. A person totally incapacitated may receive more money because they cannot work at all. Also, permanent losses, like disfigurements or other permanent injuries, may receive additional compensation.
Speak to our Malden workers’ compensation attorney to determine how much coverage you may be entitled to.
How Do I Know if Workers’ Compensation in Massachusetts Covers My Head Injury?
In Massachusetts, all employers are required by law to have workers’ compensation insurance. Workers’ compensation is typically mandatory for employees who have been injured on the job and preempts them from suing their bosses. If your employer does not carry the necessary insurance, you may be allowed to sue them for your injuries.
After you have suffered a head injury at work, you need to immediately report it to your supervisor or employer. Your employer will then begin the process of filing a workers’ compensation claim with their insurance carrier. It is ultimately not up to your employer whether your head injury is covered. Instead, the insurance company will review your case and determine if you are covered.
It is important to seek medical attention for your injury right away because you may need some proof of your injury and related expenses to be approved for workers’ compensation. If you wait a while after your injury to go to a doctor, you risk having less than accurate medical records to support your claim. Our Wakefield workers’ compensation lawyer can help you get the compensation you need to recover in peace.
Call Our Massachusetts Workers’ Compensation Attorneys Today
If you suffered a head injury at work and need compensation while you recover, speak to our Somerville workers’ compensation attorneys immediately. Call the Law Office of John J. Sheehan at (617) 925-6407 to schedule a free consultation today.