Framingham, MA Workers’ Compensation Lawyer
Countless employees suffer workplace injuries each year in Framingham. Workplace injuries can come in many forms. Some injuries may arise from catastrophic accidents while other injuries may occur because of repetitive stress over time.
Fortunately, injured employees may recover damages for medical expenses and lost wages through Workers’ Compensation claims. However, the process for filing a claim can be complicated. A Workers’ Compensation lawyer can offer guidance and support to victims when pursuing benefits related to their workplace injuries.
If you were suffered a work-related injury or illness in Framingham, MA, get help recovering the financial compensation you deserve. Contact our experienced Framingham Workers’ Compensation lawyers by calling The Law Office of John J. Sheehan at (617) 925-6407 for a free case review.
Why File a Workers’ Compensation Claim in Framingham, MA?
Workplace injuries and illnesses can come in many forms. Some may heal quickly, while others can produce lifelong effects. Many victims of on-the-job accidents incur costly medical expenses when seeking treatment. Furthermore, those who suffer work-related injuries are often forced to miss time at work. The benefits available through Workers’ Compensation claims can provide crucial support to injured employees during times of financial distress.
Workers’ Compensation claims are also especially important in some situations, given that Workers’ Compensation is essentially a no-fault system. Lawsuits are usually barred against an employer, and you cannot sue anyone if you were the one who caused your injuries. However, Workers’ Compensation still covers accidents and injuries that your employer caused or that you, the worker, caused, allowing you to get benefits without having to prove fault in situations where you would not be allowed to sue.
Lawsuits can be filed against at-fault parties on the side, potentially recovering the damages you cannot get through Workers’ Compensation. This can open up things like pain and suffering damages, though these lawsuits can be complex given that the insurance carriers might be able to file subrogation claims to get back the money they paid you from the winnings of your lawsuit. In any case, our attorneys help with both Workers’ Compensation claims and injury lawsuits for injured workers, allowing us to maximize your benefits and compensation through whatever filing systems we need to use.
When to File a Workers’ Compensation Claim in Framingham, MA
Employers should initiate the Workers’ Compensation claims process after their employee reports an injury. Accordingly, it is important to notify in writing whenever you suffer a workplace injury. In some instances, however, injured employees must file their own Workers’ Compensation claims with the Department of Industrial Accidents (DIA). Claims should be filed in each of the following situations:
- You notified your employer of your injury, but your employer has not reported the injury to their Workers’ Compensation insurance company.
- Your employer reported your injury to their Workers’ Compensation insurance company, but the insurer denied your benefits or did not reply.
- Your employer’s Workers’ Compensation insurance company approved your claim but has not provided the benefits available to you.
According to Mass. Gen. Laws Ch. 152, § 41, employees will have four years from the date they became aware of a work-related injury to file a Workers’ Compensation claim with the DIA. Injured workers by submitting an Employee Claim Form 110 to the DIA either by mail or in person.
Information Needed When Filing a Workers’ Compensation Claim in Framingham, MA
You will need to collect a great deal of information related to your injury before filing a Workers’ Compensation claim with the Department of Industrial Accidents (DIA). The DIA will expect injured employees to provide the following:
- The date you suffered your work-related injury or illness
- The first calendar date of work you were absent from because of your injury
- The fifth calendar date of work you were absent from because of your injury
- Your employer’s Workers’ Compensation insurer
- The types of injuries suffered and body parts that were affected
- The type of benefits being pursued
- If known, how long you will be unable to work
- Your first treating physician
- Your current treating physician
Gathering the information necessary to submit a Workers’ Compensation claim can be an exhausting, complex task.
What Benefits Do You Get from a Workers’ Compensation Claim in Framingham, MA?
Workers’ Compensation benefits typically include medical coverage and wage-loss benefits. Medical benefits should pay for all medical care you need to treat your work-related injuries, helping you get surgeries, doctor’s appointments, specialist appointments, mental health care, medication, crutches, and physical therapy for your injuries, along with other care.
Wage-loss benefits differ depending on what kind of injury you have. Most injuries will fall into one of three categories: temporary total incapacity, partial incapacity, and permanent and total incapacity. On top of this, you might also get benefits for specific injuries that cause permanent damage, lost function, and disfigurement.
In any case, a starting point for calculating your benefits will be determining your average weekly wage (AWW). This is the base value that we use to calculate benefits, and your final value is always subject to a cap at the statewide average weekly wage (SAWW) and a minimum floor. Usually, this calculation is as simple as averaging out what you usually make in a week, but things can be more complex if your work is irregular or seasonal.
Temporary Total Incapacity Benefits
If your injuries keep you from working to any extent, but only for a limited time, your benefits are paid under Mass. Gen. Laws Ch. 152, § 34. These benefits pay 60% of your AWW for up to 156 weeks. The goal here is to cover you for as long as you cannot work, but with the expectation that you will get better and go back to the workforce at some point.
Note that 156 weeks is 3 years, so these “temporary” cases often last for what can feel like a very long time.
Partial Incapacity Benefits
Partial incapacity deals with injuries that do not stop you from working entirely but that might cause you to have to take on light duty work or return to work with limited hours or limits on your tasks. If your wages are reduced during this period, partial incapacity benefits under § 35 help make up the difference.
Whereas total incapacity benefits would pay you 60% of your AWW, partial incapacity pays for 60% of the difference between your AWW from before the injury and your current AWW. If you haven’t actually lost any earning capacity, you do not need these benefits. These benefits are also capped at 75% of what you would have under total incapacity (i.e., the cap is 75% of 60% of your AWW).
These benefits can last for 260 weeks – 5 years. This comes with the understanding that injuries often heal up and allow you to get back to full-capacity work at some point, even if you end up with a disability.
Permanent and Total Incapacity Benefits
Permanent and total injuries are the kind that leave you unable to work forever. If you will not be able to return to work, your benefits are paid under § 34A instead of the temporary total benefits paid under § 34. These cases might see you start out claiming temporary benefits, then convert your case to a permanent incapacity case, but that is not required; you can go straight to permanent and total benefits.
These benefits are paid at 2/3 of your AWW instead of 60%, and they continue indefinitely (there is no cap on the number of weeks). These wage-loss benefits can be adjusted for cost of living changes based on certain rules.
Specific Injuries
Specific injury benefits are paid for amputations, permanent loss of function, significant scarring, and other injuries. These benefits are usually listed out in § 36 specifically, detailing the amounts paid in the form of a multiplier applied to the SAWW.
For example, the total loss of function or actual loss of both eyes pays the SAWW times 96, loss of either foot above the ankle pays the SAWW times 29, etc. There are special rules for calculating benefits for unlisted injuries and disfigurement, which often involve reviews by a review board.
Combining Workers’ Compensation with Other Benefits in Framingham, MA
Workers’ Compensation might not be your only source of benefits if you cannot work. Many workers have benefits through their employers that can supplement what they are entitled to under Workers’ Compensation, and many injured workers might think to apply to Social Security or unemployment while they cannot work. Keep in mind that any time you want to apply for Workers’ Compensation, you should always discuss your options and payments with our Workers’ Compensation attorneys to ensure you are not limiting your benefits or filing for benefits that are incompatible with Workers’ Compensation.
For example, § 36B says that you cannot get temporary total or permanent and total benefits from Workers’ Compensation for any week that you get unemployment benefits. However, it also says that your employer’s insurance carrier might be able to require you to apply to unemployment if you are eligible, allowing them to use those benefits as a credit against what they have to pay you for partial disability.
There are also special rules regarding how Social Security disability payments interact with Workers’ Compensation benefits.
Common Sources of Workplace Injuries in Framingham, MA
There are several different types of workplace accidents. Whether you are working on a construction site or in an office building, you can incur a work-related injury. The following are common sources of workplace injuries in Framingham, MA:
Overexertion
Overexertion is a common source of workplace injuries. Employees in any field can suffer from overexertion. Workers that perform repetitive, consistent motions at their jobs are prone to developing debilitating injuries. For instance, a secretary that types for extended periods of time each day can develop carpel tunnel syndrome because of overexertion.
Falls
Falls are another common cause of workplace injuries in Framingham. Employees that work from tall heights are prone to suffering falls. For example, arborists, line workers, and construction workers are types of employees who are more likely to experience harmful falls at work. Victims of on-the-job fall accidents should seek monetary damages through Workers’ Compensation insurance.
Accidents Involving Dangerous Tools or Machinery
Additionally, accidents involving dangerous tools or machinery are also a common cause of workplace injuries. For instance, a mechanic may suffer a crush injury after getting his hand caught in a hydraulic press. Furthermore, a woodworker may incur a severe laceration after an accident involving a circular saw.
Handling Heavy Objects
Many workers are injured when they are asked to handle heavy objects. For example, countless employees have been injured because of carrying, lifting, pushing, pulling, and lowering heavy cargo while at work. These injuries can happen when lifting materials manually or with mechanical equipment.
Loud Noises
Loud noise is also a common source of workplace injuries. Workers that work in factories and on construction sites may suffer extended exposure to loud noise. These workers are highly susceptible to experiencing forms of hearing loss. Hearing loss injuries can be permanent and may affect a victim’s ability to work in the future.
Toxic Fumes
Lastly, exposure to toxic fumes is a common cause of workplace injuries in Framingham. Workers such as exterminators and landscapers can experience toxic exposure when handling dangerous chemicals while on the job. Furthermore, workers in the manufacturing industry are also prone to incurring this type of harm. Employees who suffer toxic exposure at work may be entitled to financial compensation.
If You Suffered a Work-Related Injury or Illness in Framingham, MA, Our Lawyers Can Help
If you were suffered a work-related injury or illness, seek support our experienced Framingham Workers’ Compensation lawyers by calling The Law Office of John J. Sheehan at (617) 925-6407.
