Dracut, MA Workers’ Comp Lawyer
If a workplace accident left you injured and with costly medical bills, our lawyers can help you get the damages you deserve by pursuing a Workers’ Compensation claim in Dracut.
Most occupational illnesses and injuries are eligible for Workers’ Compensation in Massachusetts. What matters most is whether or not you were injured at work, so report the accident to your employer immediately. You will also need to prove your injuries during your claim and show how they prevent you from returning to work. Because of this, you should get immediate medical attention for any occupational injury, no matter how minor. Your lost-wage Workers’ Compensation benefits will depend on how severe your injuries are and how limiting your disability is. In addition to recovering some of your lost wages through Workers’ Compensation, you may also get damages for medical costs related to your workplace injuries.
To get a confidential and free case assessment from our Dracut, MA Workers’ Compensation lawyers, you can call the Law Office of John J. Sheehan at (617) 925-6407.
Injuries Covered by Workers’ Comp in Dracut, MA
In Massachusetts, all employers have to have Workers’ Compensation, no matter how many employees they have. This coverage provides benefits to employees who are hurt on the job.
Workers’ Compensation covers most injuries sustained during the course of employment in Dracut. This includes injuries that happen over long periods of time, like repetitive motion injurie, and injuries due to major accidents. Workers’ Compensation can also cover certain occupational illnesses due to employment.
Workers’ Compensation does not cover injuries that are intentionally inflicted in Dracut.
Inform your employer or manager of the accident to document your workplace injuries immediately after they happen. Workplaces typically have reporting procedures set up to facilitate this. Do not delay reporting the accident or your injuries. After being informed of the accident, your employer can report your injury to their insurer and initiate the Workers’ Compensation process.
Proving Your Eligibility for Workers’ Compensation Benefits in Dracut, MA
After a workplace accident, your employer’s insurance carrier may request access to your medical records to confirm your disability. Insurers might deny claims that lack sufficient medical evidence.
You should get treatment for your injuries immediately after sustaining them. If you recently noticed discomfort or pain due to a possible repetitive motion injury, get medical care.
Building medical evidence specifically in regard to your workplace injuries is crucial. Otherwise, the insurance company might suggest that a pre-existing condition or injury is the reason for your inability to work, possibly denying your claim.
If you need further treatment for your injuries, like future surgeries or extensive physical therapy, continue to get it. At various points throughout your claim, the Workers’ Compensation carrier might request more information about your condition, restrictions, and care.
We can support your claim with additional evidence proving your eligibility for benefits, such as eyewitness statements from your peers and surveillance footage showing the accident taking place.
Workers’ Compensation Lost-Wage Benefits in Dracut, MA
Lost-wage benefits make up the bulk of Workers’ Compensation damages available to injured workers in Dracut. Your specific benefit amount will mainly depend on the extent of your disability.
Temporary Total Incapacity Benefits
Workers are eligible for temporary total incapacity benefits if they cannot work for six or more full or partial days following an accident. These benefits are 60% of a worker’s average weekly wage (AWW) and can be received for up to 156 weeks following an occupational illness or injury in Dracut, according to Mass. Gen. Laws Ch. 152, § 34.
Partial Incapacity Benefits
Under Mass. Gen. Laws Ch. 152, § 35, partial incapacity benefits are for injured employees who can return to work but at a lower earning capacity. They max out at 75% of your total temporary benefits, but could be as little as 60% of the difference between your AWW before the injury and the wage you are capable of earning after the injury. You can get partial incapacity benefits for up to 260 weeks, unless you have sustained an eligible permanent injury, in which case you might be able to get these benefits for up to 520 weeks.
Permanent and Total Incapacity Benefits
If you sustained a permanent occupational injury that prevents you from working in any capacity, you can get permanent and total incapacity benefits in Dracut. To calculate these benefits, our Workers’ Compensation lawyers will assess your AWW in the year preceding the injury. Your permanent and total incapacity lost-wage benefits will be two-thirds of that amount, according to Mass. Gen. Laws Ch. 152, § 34A. You can get these benefits for as long as your disability remains.
Recovering Medical Damages in a Dracut, MA Workers’ Compensation Claim
In addition to covering lost wages, Workers’ Compensation can also cover medical damages. Our attorneys can track all medical expenses as you incur them to make sure all get compensated.
Injured workers are entitled to Workers’ Compensation medical benefits in Dracut. These benefits cover any necessary and reasonable treatment for occupational injuries, such as surgery, physical therapy, and prescription medications. Stay updated on all aspects of your treatment plan and do not allow for gaps in your medical treatment.
Your employer or insurer can have you see a doctor of their choosing to confirm your injuries. Outside of that, you can see whatever doctors you wish and continue documenting your injuries by following medical professionals’ advice and treatment plans.
On top of medical benefits, some workers might be eligible for permanent loss of function and disfigurement benefits. For example, if an explosion happened at work, burning and causing you permanent scarring on your hands, face, or neck, you might get an additional one-time payment for bodily disfigurement under Mass. Gen. Laws Ch. 152, § 36(k).
Call Our Workers’ Comp Lawyers in Dracut, MA Now
Call the Law Office of John J. Sheehan’s Workers’ Compensation lawyers now at (617) 925-6407 to get a confidential and free case assessment.
