Being injured on the job can be very painful for employees, but there may be more than bodily harm to worry about. You might be unable to go back to your job, and you could miss out on valuable income at a time you need it the most. If this sounds like your current situation, you may be eligible for Workers’ Compensation.
Workers’ Compensation tends to cover most accidents in the workplace. However, not all workers may be covered. Only those who are legally classified as “employees” are covered. If you are approved for benefits, you may continue receiving them for a number of weeks based on the severity of your injuries and inability to work. You might instead accept a lump sum settlement, although there may be terms and conditions that restrict your options to return to work later. Whatever the case may be, ask an attorney for help with beginning your case if your employer has not done so already.
Speak to our Workers’ Compensation attorneys about getting a free case review from us at the Law Office of John J. Sheehan by calling (617) 925-6407.
What Accidents Does Workers’ Compensation Cover?
Workers’ Compensation only covers work-related accidents. Many cases involve accidents in the usual place of work while the employee is performing regular work duties. However, covered accidents may happen outside your normal workplace if you travel as part of your job.
It is okay if you are responsible for the accident. You can still file a Workers’ Compensation claim even if you are totally at fault. In fact, there is no need to prove fault in a Workers’ Compensation case. Our Workers’ Compensation lawyers must only show that you have injuries that prevent you from working that were caused by a work-related accident.
Injuries that occur outside of work might inhibit you from returning to your job, but they are typically not covered by Workers’ Compensation. However, there is a bit of a gray area between what is and is not considered a sufficiently work-related accident. Many people do not have a single workplace, or they might travel for their job. As such, injuries might occur in some unusual places under varying circumstances and still be covered.
How Long Do Workers’ Comp Benefits Last in Greenfield?
Benefits for lost wages may be temporary or last indefinitely, depending on your situation and how badly you are hurt.
If your injuries leave you totally and permanently incapacitated, meaning you likely can never return to work, you may receive weekly benefits for as long as your condition lasts. Many people receive benefits indefinitely, although you may be required to undergo periodic medical evaluations to make sure that your condition has not improved and you are still unable to work.
If you are completely incapacitated and unable to work, but only temporarily, you may receive a portion of your lost wages for as long as 156 weeks. These benefits may be worth 60% of your average weekly wages from before you were injured.
Some employees are injured in a way that prevents them from returning to their normal job, but they can still work in a lesser capacity. In such cases, claimants may receive benefits for up to 260 weeks, or longer if their injuries are found to be extremely serious. These benefits may constitute 60% of the difference between your current average weekly wages and your average wages from before you were hurt, but no more than 75% of what you would get for temporary total benefits.
Workers’ Compensation Settlements in Greenfield
While many injured employees accept weekly benefit payments, this is not your only option. Instead, you might accept a lump sum settlement that is paid once rather than periodically. The size of this settlement may vary and is subject to negotiation with the insurance company.
Ideally, your settlement should provide enough compensation to last you while you are unable to work. If the money runs out, but you have not sufficiently recovered to return to work, you may not receive additional compensation.
In many cases, settlements come with certain terms and conditions that limit your reemployment opportunities. First, you are presumed unable to work for 1 month for every $1,500 included in the settlement. Second, the terms may require that you resign from your job and avoid seeking reemployment with the same employer later.
What to Do Immediately After a Work Accident
You must report the accident to your employer right away. While getting medical treatment should be your number one priority, you must also remember to inform your boss about what happened because your employer must notify their insurer of the accident.
Get thorough medical attention after your accident. Not only is this beneficial for your overall health and well-being, but we may also need your medical records to substantiate your injuries to the insurance company. If you forego medical attention for any reason, the insurance company might be skeptical of your claims and possibly deny you.
Contact an attorney about your case as soon as possible. While you are not required to have a lawyer help you file your claim, having an attorney may help you avoid filing mistakes and improve your chances of getting approved for benefits. Additionally, if your claim is denied, your attorney may be prepared to file an appeal.
Why Might Your Workers’ Compensation Claim Be Denied in Greenfield?
One common reason that claims are denied is that the initial claim contains errors or was filed incorrectly. When your employer files Form 101 to begin your claim, they must include specific information. Details about the accident, your injury, and what body parts are affected are crucial. If this information is lacking or incorrect, the insurance company may deny your claim.
Others are denied because they have a complex combination of injuries or medical conditions. Preexisting conditions are especially challenging, as they can be difficult to separate from new injuries caused by an on-the-job accident. The insurance company might claim that your inability to work stems from preexisting conditions, not the injuries from the work accident.
If your claim is denied, your attorney can begin an appeal. While an appeal does not guarantee that you will be approved, it may give us a chance to convince the insurance company that their decision to deny your claim was a mistake that should be reversed.
Speak to Our Greenfield Workers’ Comp Attorneys About Your Claim Today
Speak to our Workers’ Compensation attorneys about getting a free case review from us at the Law Office of John J. Sheehan by calling (617) 925-6407.