Determining the Validity of a Workers’ Compensation Case in Massachusetts

Following an injury at a workplace, you are entitled to pursue a claim through the Massachusetts workers’ compensation system. However, not every injury is eligible for compensation. To discuss the validity of a workers’ comp case in Wakefield, contact a seasoned attorney right away.

When you bring a claim under the workers’ compensation system, your employer and their workers’ compensation insurer have the opportunity to deny your claim. If they disagree that your claim is valid, you can contest their denial by filing a workers’ compensation claim with the Massachusetts Department of Industrial Accidents. To learn more, schedule a consultation today with a Boston workers’ compensation lawyer.

Potential Injuries Covered by a Worker’s Compensation Claim

Many conditions could result in compensation through a valid workers’ compensation claim. While any condition could lead to a claim, some conditions that commonly lead to a valid Wakefield workers’ compensation claim include:

  • Broken or fractured bones
  • Cuts and bruises
  • Head injuries, including traumatic brain injuries and concussions
  • Neck or back injuries
  • Torn rotators cuffs
  • Tendon and ligament damage
  • Knee injuries
  • Ankle injuries

To learn more about recovering compensation for work-related injuries and illnesses like these, contact a Massachusetts personal injury attorney.

Reasons an Employer May Deny a Claim

There are several grounds for denying a Wakefield workers’ compensation claim. In some cases, the employer or insurance provider would want to see more documentation before lifting their objection. However, in most cases, the employer would decide if a claim is invalid. Some common grounds for a denied claim include:

  • Independent contractor status
  • Pre-existing conditions
  • Insufficient notice

Independent Contractor Status

Only employees are entitled to pursue a workers’ compensation claim. While this includes full-time or part-time workers, it does not include independent contractors or freelancers. Some employers may even go so far as to misclassify employees as independent contractors to avoid providing compensation coverage.

A Wakefield employer makes a formal declaration of an employee’s status based on the tax documentation they provide. Employers issue independent contractors an IRS Form 1099, while they issue employees a Form W2.

Thankfully, workers’ compensation judges look beyond the way an employer categorizes a worker. There are many factors that a workers’ compensation judge considers when analyzing whether an injured worker is an employee covered by the Massachusetts workers’ compensation statute. If the employer maintains a significant degree of control over the way a worker does their job, the court may determine they are actually employees covered by the workers’ compensation system.

Pre-Existing Conditions

Workers’ compensation benefits are only available for injuries that occur while the injured worker is acting in the course of their employment. A worker is not eligible for compensation for an injury suffered before the accident. However, a Wakefield workers’ compensation attorney could recover compensation on behalf of a victim’s pre-existing condition if a work injury aggravated it. However, an employer is likely to dispute that the pre-existing condition as aggravated. In that circumstance, the employer could then deny the claim by arguing that the injury occurred prior to the accident. An experienced workers’ compensation attorney may be able to present medical evidence to show that the work injury combined with a pre-existing medical condition and that the work injury is the predominant cause of the injured worker’s disability and need for medical treatment.

Insufficient Notice

An injured worker should notify the employer about the work accident immediately or as soon as possible. It is always advisable to file an accident report or, at least, document the work accident. If the employer refuses to file an accident report, the injured worker should submit an email or text message to the supervisor or human resources to document the work accident. Should a worker fail to notify their employer promptly, it could be grounds for the insurer to deny the claim.

Pursuant to Massachusetts General Laws Chapter 152 Section 41, the statute of limitations for filing a workers’ compensation claim is four years. However, the statute of limitations is tolled if the insurer issues payment of workers’ compensation or if the injured worker files a workers’ compensation claim with the Massachusetts Department of Industrial Accidents.

Call a Workers’ Compensation Attorney

A Malden workers’ compensation lawyer could help you with determining the validity of a workers’ comp case in Wakefield. If you sustained an injury or illness on the job, you should discuss your options with an attorney as soon as possible. Having professional legal assistance may go a long way towards obtaining the benefits you need. Experienced legal counsel could advise you on how to proceed with a claim while complying with all legal requirements.

Your employer has ample resources to fight your compensation claim. To even the playing field, schedule a consultation with our Boston personal injury attorneys today.

Real Stories From
Our Clients

Attorney Sheehan has been serving the needs of Boston-area residents since 1993. Our mission is to ensure complete client satisfaction and to obtain the maximum possible settlement or verdict for our clients.

Historias Reales de Nuestros Clientes

El abogado Sheehan ha atendido las necesidades de los residentes del área de Boston desde el 1993. Nuestra misión es garantizar la satisfacción de nuestros clientes y obtener el mejor acuerdo posible en sus casos.

"John Sheehan is a highly knoweldgable and all around amazing lawyer!" Si volvemos a necesitar un abogado para algo en el futuro, USTED será a quien llamemos.

I was injured at work in 2019 and John and his team made the process as simple as anyone could!! They took care of everything! The only thing I had to do is rest and go to doctor appointments! I would HIGHLY recommend anyone looking for an attorney to hire John Sheehan - if you would like a nice and easy process in a highly stressful situation and on top of it attorney Sheehan will get you the maximum of what your case is worth!

John Sheehan y su personal son muy amables, corteses, rápidos y explican todo a fondo. Hicieron un trabajo maravilloso para mi esposo y para mí y no podría recomendar un abogado más calificado. Hizo TODO lo que pudo por mi esposo y por mí a través de la compensación de trabajadores. He recomendado y continuaré recomendando a John a cualquiera de mis amistades que necesiten sus destrezas. Trabajo asombroso. John, Muchas gracias tanto de Al como de mí. No puedo agradecerte lo suficiente por hacer todo lo posible por nosotros. Cada vez que teníamos una pregunta, devolvía nuestras llamadas rápidamente. Esperamos no haberte vuelto loco. Si alguna vez necesitamos un abogado para algo, USTED será a quien llamemos. Muchas gracias de nuevo. ¡Gran trabajo! John, me gustaría darte las gracias aunque Judy ya lo hizo. Usted es el major y el personal de su oficina responden llamadas en seguida. Definitivamente lo recomendaremos a nuestros amigos si necesitan sus servicios. ¡Gracias nuevamente por un trabajo bien hecho!

- Jon P. (Google) Judy y Al Crowe
Best Attorney Near Me 5.0/5.0
Best attorney in Massachusetts
Top-Rated Injury Attorney
Best Personal Injury Lawyer
Accident Attorney
Best Lawyer Personal Injury Lawyer Near Me