Dartmouth, MA Workers Comp Lawyer

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If you get hurt while working, the first thing that may come to your mind is pursuing a Workers’ Compensation claim. Workers’ Compensation is a process by which companies and employees bypass a lengthy, costly lawsuit in order to get workers the financial help they need to deal with their injuries and keep companies from incurring serious liability in court. The benefits you can get from Workers’ Compensation may vary depending on the seriousness of your injuries. Additionally, some circumstances may bar individuals from filing Workers’ Compensation claims and require that they file a lawsuit in court.

If you have concerns regarding Workers’ Compensation in Dartmouth, we can help you. Our attorneys can make sure that you get the benefits you are entitled to from your employers and get things moving quickly and without friction. Alternatively, if you cannot file a Workers’ Compensation claim for whatever reason, we can take those responsible for your injuries to court and get you financial compensation that way.

For free assistance with your claim, call The Law Office of John J. Sheehan at (617) 925-6407 and speak with our Workers’ Compensation attorneys about your situation.

What is Workers’ Compensation in Dartmouth, MA?

Workers’ Compensation is a system that helps workers who are injured on the job get the financial help they need to recover and get back to living their lives. Before Workers’ Compensation, injured workers had to sue their employers, which was difficult because of the challenge of proving liability and because of the financial disparity between the parties. Workers’ Compensation lets a costly lawsuit be bypassed by having employers provide coverage for an employee’s injuries without subjecting them to a lawsuit that might hurt their reputation if they lose.

What Benefits Can I Get from Workers’ Compensation in Dartmouth, MA?

The benefits you will get from Workers’ Compensation in Massachusetts will vary depending on circumstances. No two cases will be the same, which is why it is important to get help from our Workers’ Compensation lawyers to address the issues specific to your case.

Lost Income Benefits

Some of the benefits you can get from a work injury claim will include making up for lost wages and income. The lost income benefits you are eligible for will, in part, depend on your situation regarding your injuries.

If your injuries are “permanent and total,” and you will not ever be able to work again, you can be paid two thirds of your average weekly income gross for the duration of your disability per Mass. Gen. Laws Ch. 152 § 34A. The compensation you receive in this way can last for the rest of your life.

If your injuries are “temporary total,” Income benefits are different for injuries that are expected to be permanent. Pursuant to Mass. Gen. Laws Ch. 152 § 34, for temporary total injury, you can receive up to 60% of your gross weekly income but only for a limited period of time – 156 weeks. Once that time is up, you will have to show that your injuries are serious and longer-lasting or permanent in order to keep getting benefits.

If you can still work, but not in the same way as before, you can still get “temporary partial” Workers’ Compensation financial benefits. In these cases, you can get up to 75% of what you would get if you were totally incapacitated, and these benefits can only last for up to 260 weeks pursuant to Mass. Gen. Laws Ch. 152 § 35.

Compensation for Scarring, Permanent Loss of Function, or Disfigurement

There are other benefits besides income and medical expenses coverage. For example, you can get additional benefits and compensation if your injuries leave you scarred, disfigured, or with permanent loss of bodily function under Mass. Gen. Laws Ch. 152 § 36.

However, for disfigurement, it must be on your hands or face and be more than “mere scarring.” Moreover, the amount you receive for disfigurement can be no more than $15,000. The exact nature of those benefits will depend on your injuries, so our attorneys can advise you about what makes sense in your situation.

Medical Coverage Benefits

Other benefits of Workers’ Compensation include covering your medical expenses to treat your injuries. These benefits will provide coverage for “necessary” medical care to deal with your injuries. Naturally, you and your employer may differ on what is “necessary” to deal with the effects of your injuries. If that is the case, our Workers’ Compensation attorneys can help negotiate with your employer and explain to them exactly what you need coverage for.

Who Can and Cannot File a Workers’ Compensation Claim in Dartmouth, MA?

Unfortunately, the benefits of Workers’ Compensation are not available to everyone. Notably, Workers’ Compensation is only available to employees. This excludes individuals who are self-employed and independent contractors, even if they suffered injuries while working for which they desperately need financial compensation.

The definition of who constitutes an employee is found under Mass. Gen law Ch. 152 § 1(4). Luckily, this definition includes many individuals who may not traditionally be thought of as “employees.” Therefore, even if you think of yourself as a contractor or otherwise not an employee, it is a good idea to talk to our lawyers to see if you are actually eligible for coverage.

If you are among the group of individuals that that section does not cover, you can still try and get the financial help you need to deal with your injuries through a lawsuit, which our attorneys stand ready to help you with. In those cases, you will have to determine who was responsible for your injuries and prove it in court, so the process will be different from a Workers’ Compensation claim, where proceedings may be more amicable.