Haverhill Workers’ Compensation Lawyer

After employees suffer on-the-job injuries in Haverhill, they should be afforded the Workers’ Compensation benefits that they are entitled to under Massachusetts law. Unfortunately, this is not always the case. Employers and their insurance companies often try to find potential cracks in workers’ claims. They will look for any excuse to avoid paying out benefits in full.

Thankfully, our attorneys can fight for the damages you deserve. Our experienced legal team can help file your claim and deal with your boss’s insurer. Furthermore, we can pursue payment that has been improperly denied.

Speak with our Workers’ Compensation attorneys at the Law Office of John J. Sheehan by calling (617) 925-6407 today.

Why are Workers’ Compensation Claims Rejected in Haverhill?

There are several reasons why a Workers’ Compensation claim may be denied:

The Illness or Injury was Not Properly Reported

Workers’ Compensation laws require that you let your employer know if you suffered an on-the-job accident. When injured employees fail to file prompt and detailed reports with their bosses, their claims may be denied.

Accordingly, you should notify your boss of your work-related injury in writing as quickly as you can. Your report ideally should include information regarding what injury you suffered, where it occurred, when it occurred, and what you were doing when the injury happened. Furthermore, you should assert why your workplace accident happened if possible.

The Illness or Injury is Not Work-Related

In order for your claim for benefits to prevail, you must be able to show that your injury was sustained while performing duties for your job. Otherwise, a claim could be denied. For example, your employer’s insurance company may attempt to deny your claim by asserting that your illness or injury stems from a pre-existing condition that is unrelated to your job. Substantial evidence may be required to show that damages you incurred are work-related.

The Claimant is Not a Covered Employee

According to Massachusetts Workers’ Compensation laws, benefits may be available to nearly any worker who earns wages or a salary, whether employed part-time or full-time. However, in order to be covered, potential claimants must be classified as “employees.” Therefore, independent contractors are often unable to collect Workers’ Compensation benefits after being hurt on the job.

In Massachusetts, a worker is presumed to be an employee unless someone challenging that designation can show the following: (1) that the worker is free from the presumed employer’s control, (2) that the service provided by the worker is of a type outside the employer’s typical course of business, and (3) that the worker must be customarily engaged in an independent trade of the same type as the one being performed.

Still, there are other routes to compensation for independent contractors after suffering injuries at work.

What if Your Employer Does Not Carry Workers’ Compensation Insurance in Haverhill?

Employers in Massachusetts have to provide Workers’ Compensation coverage for their employees. If your boss is not properly insured, you may be able to file a lawsuit against him for the financial compensation you are owed.

Furthermore, if your employer is not covered, you may also recover benefits by filing a claim with the Workers’ Compensation Trust Fund (WCTF). The WCTF is a special revenue fund that has been established by the state treasury. It can provide injured employees in Massachusetts with payment for their lost wages and medical bills. However, before filing a claim with the WCTF, you must check with the Department of Industrial Accidents (DIA) insurance registry to ensure that your employer was uncovered on the date of your injury.

Common Causes of Workplace Injuries in Haverhill

There are several potential causes of workplace accidents, including the following. Some of these injuries are more common in particular fields of work, while others can affect workers across any field or industry. In many cases, these injuries can lead to Workers’ Compensation claims, but the specific details of each case are important in deciding whether you qualify for benefits.

Overexertion

Overexertion is a very common cause of workplace harm. For example, employees regularly sustain muscle sprains and strains when trying to pull, lift, push, or carry heavy materials.

Slip and Fall Accidents

Slip and fall accidents can be especially harmful for senior citizens and those with pre-existing injuries. In most instances, slip and fall accidents happen because of dangerous conditions like slippery floors, stray wiring, loose mats, and poor lighting.

Workplace Violence

Workplace violence is another serious cause of work injuries. For example, a store clerk may be assaulted by an overly aggressive and unstable customer.

Exposure to Harmful Substances

Construction workers, landscapers, painters, and factory workers are especially susceptible to suffering injuries from exposure to harmful, toxic, or carcinogenic (cancer-causing) substances. Some examples of dangerous chemicals that may be present in the workplace include asbestos, arsenic, benzine, lead, mercury, ammonia, iodine, and formaldehyde.

Strikes from Falling Objects

Strikes from falling objects can cause severe injuries like broken bones and traumatic brain injuries. Fortunately, employees who suffer these injuries can often seek Workers’ Compensation benefits.

Do You Need to Prove Fault for Your Workers’ Compensation Claim in Haverhill?

You do not need to prove that someone else caused your injury in order for your Workers’ Compensation claim to succeed. Typically, Workers’ Compensation benefits are awarded regardless of who is at fault for claimant’s injuries.

There are very rare circumstances where claims can be denied on the basis of fault. For instance, you claim may be rejected if the insurer can prove that your injured yourself purposefully or that you were drunk when your accident happened.

After Being Hurt at Work in Haverhill, Reach Out to Our Law Firm for Assistance with Your Workers’ Compensation Claim

Get in touch with our experienced Workers’ Compensation lawyers by calling the Law Office of John J. Sheehan today at (617) 925-6407.