Fall River Workers’ Compensation Lawyer

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Workplace injuries are relatively common, but serious injuries or illnesses might prevent you from returning to work. In such instances, a Workers’ Compensation claim might help you recover valuable financial benefits to help you during recovery.

Workers’ Compensation benefits may be temporary and cover people with total disabilities who cannot work or those with partial disabilities who can do less work than before their accident. It might also be permanent and last indefinitely. To begin a claim, you must report your injuries to your employer. Your employer should notify the insurer, and the insurer will approve or deny your claim. Eligibility is often based on how your injuries occurred and how long you have been unable to work. While Workers’ Compensation tends to be applied broadly, certain cases might be excluded. If you need to file a Workers’ Compensation claim, notify your employer immediately and begin documenting each day you miss work because of your injuries.

Receive a free review of your case with our Workers’ Compensation lawyers by calling the Law Office of John J. Sheehan at (617) 925-6407.

Workers’ Compensation Benefits for Injured Employees in Fall River

Workers’ Compensation may cover medical costs and a portion of lost wages. While this sounds fairly simple and straightforward, there are several different ways in which Workers’ Compensation might apply to your case.

Medical benefits tend to apply to all injured workers and often cover any reasonably necessary medical care. For the most part, our Workers’ Compensation attorneys can help you apply for medical benefits as soon as you are billed for your treatment. If your treatment is ongoing, we must make sure future medical costs are covered too.

Benefits for lost wages may be temporary or permanent. Temporary benefits may cover total disability, meaning you cannot work at all, or partial disability, meaning you can perform some work but less than before your injuries.

Temporary total disability benefits include 60% of your average weekly wage from the 52 weeks prior to your accident, with the maximum benefits capped at the state’s average weekly wage. Temporary total benefits may last for up to 156 weeks.

Temporary partial disability benefits apply if you can still work, but only in a position where you earn less money (e.g., part-time instead of full-time). The maximum weekly benefits include 75% of the benefits you would receive for temporary total disability, and you may receive payments for up to 260 weeks.

Permanent benefits apply in cases where someone is permanently and totally incapacitated and unable to return to work. You may receive up to 66% of your gross average weekly income for as long as your disability persists. Many people collect these benefits indefinitely.

Workers’ Compensation Benefits for Your Family Members in Fall River

Workers’ Compensation may cover more than just the injured employee. If the employee passes away after a work-related accident, their surviving family members may be able to claim their Workers’ Compensation benefits. This is often crucial for surviving families who rely on their deceased loved one for income. As with any claim, we must submit the proper forms and documentation to prove that you are entitled to your loved one’s benefits.

First, we can examine what the law says about the dependents of deceased employees. According to Mass. Gen. Laws Ch. 152 § 32, certain people are legally presumed to be dependent on the deceased employee and may be deemed eligible for their Workers’ Compensation benefits. A surviving spouse is often presumed to be dependent if they lived together at the time of the employee’s death. If they were not living together, the surviving spouse might still be presumed dependent if they were separated for justifiable reasons.

Surviving children younger than 18 who were living with their now-deceased parent at the time of the accident may be presumed deponent if there is no other surviving parent. If there is a surviving parent, such as the deceased parent’s spouse or partner, the surviving spouse would be entitled to the Workers’ Compensation benefits, not the child. Also, a surviving child older than 18 may be presumed dependent if they have a physical or mental condition that prevents them from earning their own income.

Various other family members may be presumed dependent under specific circumstances. If you recently lost a loved one in a work-related accident, our Workers’ Compensation lawyers will determine if you are eligible to claim their benefits.

According to § 31, death benefits may include regular payments equal to two-thirds of the deceased employee’s average weekly wage. For many families, this money is necessary for their survival, and an attorney can help you.

How to Submit a Workers’ Compensation Claim in Fall River

Submitting a Workers’ Compensation claim might be complicated, and you should speak to a lawyer before getting started. Typically, injured workers should report their injuries to their employers as soon as possible. Doing so immediately will create a documented record of when your injuries occurred. The employer should then report the injuries to their insurer, who will decide whether to approve a Workers’ Compensation claim.

In many cases, insurers deny claims because of mistakes made during the filing process. Perhaps your employer did not report your injuries accurately. It is also possible that key pieces of information were misreported or left out entirely. Your attorney can help you challenge a denial of your claims and hopefully get the decision reversed. Better yet, your lawyer can help you make sure your claims are submitted correctly so you do not encounter any roadblocks.

How to Tell if You Are a Covered Employee for a Workers’ Compensation Claim in Fall River

Not everyone who has a job is considered an employee when it comes to determining Workers’ Compensation claims. The legal definition of an employee is broad, and most workers are likely to be included. However, there are a few specific exceptions, and some people might be ineligible for benefits. If you are unsure about your status as an employee, ask a lawyer for help.

Covered Employees

Employees are legally defined under Mass. Gen. Laws Ch. 152 § 1(4). Generally, most workers are probably considered employees for the purposes of receiving Workers’ Compensation. The law states that anyone working in service to someone else (i.e., an employer) under an implied or express contract for hire is an employee. Everyone from fast food cashiers to Wall Street executives may be an employee under the law.

However, specific workers are excluded from this definition and may not be eligible for Workers’ Compensation benefits. The law states that seamen working on ships or vessels in interstate or foreign commerce are excluded. Professional athletes may also be excluded. Salespeople affiliated with real estate brokers who work only on commission may also be excluded. A few other specific types of workers are also excluded, and you should consult with a lawyer before starting your claims to make sure you are an eligible employee.

Independent Contractors

One category of workers that is largely excluded from Workers’ Compensation claims is independent contractors. Independent contractors are not employees within the definition set by law. As a result, they may not be eligible for Workers’ Compensation if they are injured while working unless they buy their own insurance. Some people know for sure whether they are or are not an independent contractor. However, others might be less clear on the issue.

According to Ch. 149 § 148B(a), certain legal criteria may help you determine whether you are an independent contractor. For example, the law states that a person is an independent contractor if they meet the following conditions. First, they should control and direct how they perform their services. Second, the services they perform should be outside the normal course of business for their “employer.” Third, their services are part of a trade or occupation they are customarily engaged in. For example, a plumber who runs their own business, decides what jobs to take, and decides what to charge is likely an independent contractor. Someone working for a larger plumbing business who is directed by a supervisor and paid by that supervisor may be an employee.

While independent contractors might be ineligible for Workers’ Compensation, there are still ways in which they can obtain financial compensation for injuries sustained while working. First, they might purchase their own Workers’ Compensation insurance. Second, they can sue the person or people responsible for their injuries. Normally, employees are barred from suing employers if they are covered by Workers’ Compensation. Since independent contractors are not employees, they are not restricted in this way.

Eligibility for Workers’ Compensation in Fall River

Before filing for Workers’ Compensation, you should meet with an attorney to determine eligibility. While Workers’ Compensation may apply to a wide variety of accidents and injuries, claimants must still meet certain criteria before they are eligible for benefits.

Eligible Cases

Generally, Workers’ Compensation covers most injuries caused by on-the-job accidents. Fault is usually not an issue, and claimants may be responsible for their own accidents and still be eligible for Workers’ Compensation.

While medical benefits may be claimed shortly after receiving treatment, there may be a brief waiting period before you become eligible to receive benefits for lost wages. You become eligible for these benefits if your injuries prevent you from working for 6 days after the accident. These days of missed work do not have to be consecutive, and they do not have to be full days. Missing a partial day of work because of your injuries will still count toward the 6-day requirement.

Ineligible Cases

Workers’ Compensation typically does not cover injuries that were inflicted intentionally. This might come up in cases where an employer accuses their employee of purposefully hurting themselves or allowing themselves to become injured so that they can collect pay without working. This is sometimes a bogus accusation sued by employers so they can try and get out of filing a claim. It might also apply in cases where someone else at work, like your boss or a coworker, assaulted you. In that case, you can sue the person responsible for your injuries.

Whether a case is ineligible often comes down to where the accident happened. Many accidents that happen away from company property or normal work locations are not covered. However, many employees travel for work or find themselves fulfilling job functions away from the office on a regular basis. In those instances, an attorney can help you argue for fair Workers’ Compensation.

Another gray area involves accidents when employees are commuting. Generally, accidents during your daily commute are not covered. Again, employees who travel for their jobs might be an exception to this restriction, and you should speak to your attorney about it immediately.

How Workers’ Compensation Affects Civil Lawsuits in Fall River

As briefly mentioned earlier, employees are typically not permitted to sue employers for injuries sustained in on-the-job accidents if they are covered by Workers’ Compensation. According to Mass. Gen. Laws Ch 152 § 24, Workers’ Compensation is the sole legal remedy for covered employees. This means that you are not permitted to take other legal actions to recover damages or financial compensation, at least not against your employer.

While injured employees who are eligible for Workers’ Compensation are normally barred from filing civil injury cases against employers, special circumstances might allow you to sue them anyway. For example, if your employer deliberately caused or allowed the accident to happen, they cannot hide behind Workers’ Compensation to evade liability.

You are not barred from filing claims against third parties who might be responsible for the accident. Suppose you were injured at work because a tool or some equipment you were using to do your job malfunctioned. This is not unheard of in cases involving factory or construction workers. In such a case, you may sue the manufacturer of the defective equipment.