Everett, MA Workers’ Compensation Lawyer
Workers’ Compensation can help injured workers continue to receive a paycheck while out of work because of a work-related injury. Filing through this system can also help you get your medical care coverage paid for, saving you the expense of what could potentially be thousands or even hundreds of thousands of dollars in bills.
Getting your claim accepted can sometimes be difficult, especially if your employer or their insurance company refuses to pay for expensive care. However, working with a lawyer can help increase your chances of having your claim accepted and help you fight for the coverage you need if your claim is denied or your benefits are later terminated.
For a free review of your claim, call the Workers’ Compensation lawyers at the Law Office of John J. Sheehan at (617) 925-6407 today.
What is Workers’ Compensation in Everett, MA?
Workers’ Compensation is a program put in place so that injured workers do not need to prove that anyone was at fault for their accident before getting compensation for work injuries. Workers’ Compensation is an insurance system paid for by your employer to cover you and other workers in case of injury, and it should apply to most or all workers.
In the past, before Workers’ Compensation existed, injured workers would typically have to sue for an injury. This would mean taking the at-fault party to court – which might have been your employer. However, most accidents at work are caused by a coworker or the injury victim themselves. In these cases, the employer would not be at fault, so you would not be able to sue them. If you caused the accident yourself, then there would be no one to sue and you would be stuck covering injuries yourself – and you might not be better off if a coworker with similar income and assets caused your injuries.
Instead of requiring lawsuits and fault, Workers’ Compensation sees employers pay damages to injured victims regardless of who was at fault. One of the only exceptions to this is that Workers’ Compensation does not pay for injuries that an employee caused themselves intentionally or while under the effects of drugs or alcohol on the job.
In addition to Workers’ Compensation, injured workers can also file a lawsuit against at-fault parties who are not their employer or a coworker. Our Workers’ Compensation lawyers can help you determine if this applies to your situation, but it might give you the ability to sue vendors, customers, or passers-by who caused your workplace injury.
What Injuries Does Workers’ Compensation Cover in Everett, MA?
Workers’ Compensation covers only injuries related to your work. For example, if you were injured while horsing around during a lunch break or you were hurt on your commute home, it would not be covered. Otherwise, any injuries related to your work tasks and duties should be paid for.
This means covering things like injuries from lifting and carrying, falls, machinery accidents, and other acute or traumatic accidents at work. It also means covering injuries from repetitive stress and strain like carpal tunnel or the development of back problems after years of lifting at work. Even illnesses like cancer and various lung diseases from breathing in particulate (e.g., asbestosis or silicosis) can be considered work-related injuries and should be covered by Workers’ Compensation.
What Benefits Does Workers’ Compensation Pay in Everett, MA?
Workers’ Compensation pays injured workers for medical bills related to the injury as well as some of their lost wages as benefits. Generally, all medical care should be paid for, but lost wages are reimbursed only at a percentage of their normal value. That exact percentage changes based on whether your injuries are permanent or temporary and whether your injuries are partial or total.
Total incapacity that is only temporary usually gets you 60% of your normal wage up to a state maximum. If your injuries are partial and you can still work a bit, then you can only receive up to 75% of that 60%, but the benefits can go for a longer time overall. If your injuries are both total and permanent, then you receive 66% of your average wage until the disability ends.
Keep in mind that benefits are not paid for very short-term injuries. You can only begin drawing Workers’ Compensation if your injury keeps you out of work for 6 days (the 6th day is the first day of benefits). If your injury keeps you out of work for 21 days or more, then you can get paid for those first 5 days.
Keep in mind that these benefits include no money for pain and suffering or other “non-economic” damages.
Other Coverage for Work Injuries in Everett, MA
You might have other private insurance that can help cover your injuries as well as the option to file for disability benefits through the government. In many cases, you can still apply for Workers’ Compensation alongside these benefits. Your other option for compensation – which we mentioned briefly above – is to sue another party for your injuries.
While Workers’ Compensation laws prevent you from suing an employer, you might be entitled to sue another third party for your injuries. It is common in workplace accidents for injury victims to try to sue the manufacturer of defective safety gear or dangerous equipment used in their workplace. Injury victims can also sue other parties for things like car accidents, which is common for injured commercial drivers. You might also be able to sue customers, vendors, and contractors.
Contact Our Everett, MA Workers’ Compensation Lawyers Right Away
For help after a work accident, call the Workers’ Compensation lawyers at the Law Office of John J. Sheehan by dialing (617) 925-6407 now.