Hingham, MA Workers’ Comp Lawyer
When workplace accidents happen, victims can rely on Workers’ Compensation to cover much of their missed income and all of their medical expenses.
Your Workers’ Compensation eligibility hinges on your employment status and whether you were hurt at work. Even if your employer does not have the appropriate coverage, you may still get benefits through Massachusetts’s Workers’ Compensation Trust Fund. Regarding your payments, you may get some of your lost wages covered, the amount of which will depend on how your disability is categorized. All hospital expenses are also covered, so you should not have to pay for surgeries, hospital visits, or prescription medications. To get the compensation you deserve, our lawyers must offer supporting evidence in your claim, such as surveillance footage, witness statements, and hospital records.
Call the Law Office of John J. Sheehan at (617) 925-6407 for a free case review from our Workers’ Compensation lawyers today.
The Basics of Workers’ Comp Eligibility in Hingham, MA
All employers in Massachusetts typically need Workers’ Compensation. As an employee, you should be covered from your first day of employment, enabling you to collect benefits after a workplace injury, provided you take the necessary steps.
Your employment status makes you eligible for Workers’ Compensation, provided you were hurt at work and did not intentionally injure yourself. Informing your employer of an accident can kick start the claims process, as your employer must then inform their carrier.
Workers’ Compensation is the exclusive remedy for workplace accidents in Massachusetts, though not all employers comply with coverage requirements. If your employer does not have Workers’ Compensation, our lawyers can help you file a claim with the Workers’ Compensation Trust Fund. You would get the same benefits as you would if your employer had the appropriate coverage, so their non-compliance will not affect your ability to collect benefits after an incident.
To be eligible for Workers’ Compensation, you do not have to prove your employer’s negligence or anyone else’s, for that matter. You get Workers’ Compensation because you are covered and were hurt at work, so our lawyers must present evidence that the accident happened while you were working and you did not cause your injuries on purpose.
What Workers’ Comp Covers for Injured Employees in Hingham, MA
Workers’ Compensation covers damages from a workplace accident, such as lost wages and hospital expenses. Knowing exactly what your benefits will cover is important so you can prepare for the future, especially if you will never be able to return to work and will rely on Workers’ Compensation lost-wage benefits to support yourself.
Some Lost Wages
After you suffer a workplace injury, you might have to stop working temporarily. Lost income benefits supplement a portion of a worker’s missed wages during this time. For example, if you qualify for temporary total incapacity benefits, you would get 60% of your gross average weekly wage. These payments can last up to 156 weeks in Hingham unless you recover sooner, according to Mass. Gen. Laws Ch. 152, § 34.
Calculating partial incapacity lost-wage benefits is more complicated, as these payments equate to 75% of what your temporary total incapacity benefit amount might be. These payments last longer in Massachusetts, up to 260 weeks.
Those who get permanent and total incapacity benefits receive the largest portion of lost wages, two-thirds of their average weekly wage based on the year preceding the injury.
Workers’ Compensation does not cover all missed wages from an accident. If our investigation finds that a third party was involved and negligent, like an equipment manufacturer, our attorneys could help you file a lawsuit against them. In this scenario, you could get full compensation for all missed wages from an accident, including future losses.
All Hospital Expenses
Though Workers’ Compensation only pays a portion of an employee’s lost wages, it covers all necessary hospital expenses. This includes trips to the emergency room, surgeries, prescription medication, follow-up visits with doctors, physical therapy, and other rehabilitative costs. As you get care, our Workers’ Compensation lawyers can help you track its cost so that we can show your employer’s carrier the extent of your injuries. Even if you need additional treatment in the weeks, months, or years to come, Workers’ Compensation should cover those costs in their entirety.
Specific Injury Benefits
On top of this, you could get extra compensation for a specific injury listed under § 36, such as hearing loss, limb loss, or bodily disfigurement. Specific injury benefits are paid in addition to lost wages and hospital expenses, and our lawyers can confirm if you are eligible for this extra compensation.
Using Evidence to Support Your Workers’ Comp Case in Hingham, MA
Supporting evidence is necessary for Worker’ Compensation claims to convince carriers that employees deserve benefits and to hasten the process, leading to speedier approvals.
Getting Workers’ Compensation as soon as possible is important since you must supplement the income you are missing by being unable to work. Because of this, preserving evidence that will strengthen your claim, such as eyewitness statements, is vital. Our attorneys can immediately speak to anyone who witnessed the accident, whether they are your peers or manager. They can confirm how and why the accident happened, eliminating any questions that you intentionally caused the accident.
We can also obtain any relevant footage from onsite security cameras showing the accident happening or its immediate fallout. If police or paramedics arrive on the scene, we can obtain any reports or documents from them.
Victims’ medical records are the most crucial evidence in Workers’ Compensation cases. While you can get benefits for major accidents, you can also get Workers’ Compensation for other reasons, like repetitive motion or soft tissue injuries. As soon as you notice pain or discomfort, go to the hospital so doctors can evaluate and diagnose you. Continue to get medical care as necessary, especially after suffering serious injuries. This can enable our lawyers to present a clear timeline of the accident, your injuries, and your physical recovery, which is essential for a successful Workers’ Compensation case in Massachusetts.
Call Our Hingham, MA Lawyers for Help with Your Workers’ Comp Case
Call our Workers’ Compensation lawyers at (617) 925-6407 for a free case review from the Law Office of John J. Sheehan.
