Injuries in the workplace are more common than many people realize. Employees might be out of commission for a while, and they might lose wages in the meantime. If this sounds like your situation, you may be able to file a Workers’ Compensation claim to receive benefits to help you make ends meet during this difficult time.
Your employer may help you start your claim after you notify them of the accident. Since their insurance provider may provide the benefits, they are responsible for initiating the paperwork needed to begin your claim. Only “employees” are eligible for benefits, and certain workers and independent contractors might not meet the eligibility criteria. If you are eligible, you may be compensated for lost income, medical care, and possibly more.
Call our Workers’ Compensation attorneys with the Law Office of John J. Sheehan at (617) 925-6407 and ask for a free initial case evaluation.
Do I Have to File a Workers’ Comp Claim After an Accident at Work?
A Workers’ Compensation claim may be less of an option and more of a requirement for injured employees. If you are an eligible employee and your employer carries the necessary insurance, you must file a claim to get any compensation.
Workers’ Compensation is considered the sole legal remedy for injured employees under Mass. Gen. Laws Ch. 152 § 24. If you want to pursue other legal options, you should speak to our Workers’ Compensation attorneys first. You might be able to file a lawsuit against your employer, but only if specific conditions exist.
For example, if they do not have the insurance needed to provide Workers’ Compensation, you can sue them instead. You may also sue third parties who might be responsible for the accident, such as negligent manufacturers of faulty tools or equipment you use as part of your job.
Who is Eligible for Workers’ Compensation in Concord?
Not all workers can file a Workers’ Compensation claim after an accident. You must be an “employee” within the legal definition of the term. An employee is defined under Mass. Gen. Laws Ch. 152 § 1(4) and includes workers who provide services to another under the terms of a contract for hire. This definition is quite broad and encompasses most workers, but a select few are specifically excluded.
Among these are real estate salespeople, professional athletes, and people who work on ships engaged in interstate commerce. If you are unsure whether you are legally considered an employee for purposes of Workers’ Compensation, talk to an attorney.
Independent contractors are also generally excluded from this definition and may not file Workers’ Compensation claims with the insurance of the person who hired them. Instead, they may file a claim if they purchase their own Workers’ Compensation insurance. Alternatively, since they are not a covered employee, they might sue the person who hired them if their negligence caused the accident.
Benefits Through Workers’ Compensation in Concord
Your possible benefits may be numerous and account for a portion of lost income. Compensation for lost income varies based on the nature of your injuries and your ability to work.
According to Mass. Gen. Laws Ch. 152 § 34, employees with temporary injuries that totally prevent them from returning to work may receive 60% of their average weekly earnings for up to 156 weeks.
Under § 34A, those with permanent injuries that may never recover who cannot work at all in their condition may receive benefits worth two-thirds of their average weekly income for as long as necessary, possibly forever.
Those with injuries that leave them partially able to work in a reduced capacity may be compensated under § 35. They may receive 60% of the difference between their average weekly income before the accident and their current income, but no more than 75% of what they could get as total disability benefits. This lasts 260 weeks or longer if certain legal findings are made.
When You Should Begin a Workers’ Comp Claim
While you should start working on your claim as soon as possible, you might not be eligible for benefits until other requirements are satisfied.
You must miss at least 5 days of full or partial work, but you become eligible for lost income benefits after missing a 6th day of work due to your injuries. These days do not have to be consecutive, so the exact date you become eligible might not be exactly 5 days after the initial accident. You must keep a thorough track of the days you miss work due to your injuries from the accident.
Also, make sure that your employer is aware of your absence due to these injuries so they can include this information in their business records. Such records may be important when we file your claim.
According to the Massachusetts Department of Industrial Accidents (DIA), your employer should file Form 101, which is the Employer’s First Report of Injury or Fatality, within 7 days of your fifth day of missed work.
If your employer does not file Form 101 within 30 days, you can file the claim yourself by submitting Form 110, which is the DIA’s Employee’s Claim Form. If you take this route, be sure to get help from an attorney so that everything is filled out and filed correctly.
Can My Boss Fire Me for Filing a Workers’ Compensation Claim?
Your boss cannot legally fire you simply because you file a Workers’ Compensation claim. However, your job might not be waiting for you when you are able to return to work.
If you accept a settlement through Workers’ Compensation, you cannot return to your job for a certain period of time, based on the size of the settlement. According to Mass. Gen. Laws Ch. 152 § 48, you are presumed to be unable to work for 1 month for every $1,500 of the settlement. If the settlement is $9,000, you may not return to work for at least 6 months.
If you accept a lump sum settlement instead of weekly benefit payments, the terms of the settlement might require that you resign from your job and avoid seeking reemployment with your employer.
Speak to Our Concord Workers’ Comp Attorneys for Legal Support
Call our Workers’ Compensation attorneys with the Law Office of John J. Sheehan at (617) 925-6407 and ask for a free initial case evaluation.