Franklin Town, MA Workers’ Comp Lawyer
In Franklin Town, workers who get injured are often faced with numerous financial and emotional challenges. One source of this stress is how they will cover their medical expenses if they are not working.
Fortunately, Workers’ Compensation benefits could help ease some of the burden. However, the process is infamous for being confusing at times, and without proper guidance, you might not receive the maximum benefits you are entitled to. That is why our team is here to help you overcome the many hurdles you might encounter. We can guide you through every step, so your claim has the best chance of being approved. Even if your claim is denied, we can help you identify the reasons behind the denial and how to reapply or appeal the decision.
For a free case evaluation with our Workers’ Compensation attorneys, call the Law Office of John J. Sheehan today at (617) 925-6407.
How the Workers’ Compensation System Operates in Franklin Town, MA
Workers’ Compensation is a form of insurance that provides wage replacement and medical benefits to employees injured in the course of their jobs. In Franklin Town, this system is designed to ensure that Workers’ Compensation for workplace injuries is provided without the need for litigation.
Franklin Town, and the rest of Massachusetts, operates under a no-fault Workers’ Compensation system, meaning that employees are entitled to benefits regardless of who was at fault for their injury. This approach is supposed to simplify the process of obtaining compensation since workers do not need to prove negligence on the part of their employer or anyone else to receive benefits.
However, a fundamental aspect of the Workers’ Compensation system is the limitation it places on an employee’s ability to sue their employer for workplace injuries. This restriction is essentially a trade-off for the no-fault benefits the system provides. Since employees can receive benefits without proving negligence, they generally cannot pursue additional losses through a lawsuit against their employer, including emotional damages.
There are certain exceptions to this no-lawsuit rule, such as cases involving intentional harm by the employer or accidents caused by a third party. Nonetheless, these exceptions are rare, with the majority of work-related injuries being resolved within the Workers’ Compensation framework.
Common Reasons Why Workers’ Compensation Claims Are Filed in Franklin Town, MA
There are numerous reasons why workers in Franklin Town might file a Workers’ Compensation claim. The good news is that, in most cases, you can recover benefits regardless of the cause of the accident or who was at fault. However, going through the claims process without the help of our Workers’ Compensation attorneys could mean overlooking other options for compensation. The following are typical causes for filing Workers’ Compensation claims in Franklin Town:
Overexertion Injuries
One of the leading causes of Workers’ Compensation claims involves overexertion injuries. These injuries occur when an employee lifts, pulls, pushes, or carries heavy objects, leading to strains, sprains, and muscle tears. However, overexertion can happen in any workplace setting, from construction sites and warehouses to offices and retail stores.
Slip and Falls
Another significant reason for filing claims comes from slips and fall accidents. These incidents can result in a wide range of injuries, including fractures, concussions, and severe tissue damage. Employers should mitigate these risks through regular maintenance, providing clear signs, and safety training.
Machinery and Equipment Accidents
Accidents involving machinery and equipment are prevalent in industries such as manufacturing, construction, and agriculture. These accidents often cause severe injuries, including amputations, burns, and crush injuries. Fortunately, Workers’ Compensation takes into account the severity of your injuries.
Your Own Mistake
Sometimes, accidents happen because of an employee’s own mistake. Even in these cases, the worker is typically still eligible for Workers’ Compensation benefits. This is because a no-fault system for Workers’ Compensation is used in Franklin Town, meaning benefits are provided regardless of who is at fault for the accident.
However, there are exceptions. For example, if the injury results from the worker’s intoxication or intentional self-harm, benefits might be denied. Also, while you can receive Workers’ Compensation for an accident caused by your own mistake, you typically cannot sue your employer for additional damages in such instances.
How to File a Workers’ Compensation Claim in Franklin Town, MA
The first step is to report your injury to your employer as soon as possible. In most cases, an employer must be notified within five days of the injury. Your report should include the date, time, place, and circumstances of the injury so that it is not denied for lack of information. Generally, most employees are covered under Workers’ Compensation insurance, including most full-time, part-time, and seasonal workers.
Your employer must then complete Form 101, the “Employer’s First Report of Injury or Fatality,” within seven days from the fifth day of your disability. This form provides the employer’s account of the incident and is filed with the Department of Industrial Accidents (DIA) and the Workers’ Compensation insurance company.
Most importantly, you should seek medical treatment immediately. However, your employer’s Workers’ Compensation insurer has the right to designate where you receive initial treatment for the first 24 hours or until the end of the emergency period.
After this initial treatment period, you can usually choose your own doctor for ongoing treatment. Still, for the treatment to be covered by Workers’ Compensation, the doctor must be part of the insurer’s preferred provider network.
Lastly, while it is possible to file a Workers’ Compensation claim on your own, the process has numerous pitfalls that can jeopardize your benefits. Our team has years of experience working on Workers’ Compensation claims and is familiar with the documentary requirements and time limits you must meet to get the benefits you need. With our help, you can focus on your recovery while we fight for the compensation you deserve.
Evidence that Can Help Support Your Franklin Town, MA Workers’ Compensation Claim
Medical records are perhaps the most crucial piece of evidence in any Workers’ Compensation claim. These documents offer a detailed account of your injuries, the treatment you have received, and your prognosis. They can also establish a link between your injury and your workplace.
The incident from your workplace will also be important. This report should detail how, when, and where the accident happened. It serves as an official record of the injury, particularly useful if questions about the incident arise later in the process.
Also, witness statements could be invaluable for your claim if available. Witnesses can corroborate your account of the incident, lend credibility to your claim, and provide additional details you might have overlooked or been unaware of. This is especially useful if your employer or insurer pushes back against your claim.
Our Franklin Town, MA Workers’ Compensation Attorneys Are Here to Help Protect Your Rights
Call the Law Office of John J. Sheehan at (617) 925-6407 for a free case review with our Workers’ Compensation lawyers.
