Ho to Know if You Are Eligible for Workers’ Compensation in Boston
After a work accident, victims are often unsure where to turn for financial assistance. Thankfully, many employees qualify for workers’ compensation benefits to help with medical bills and lost wages.
If you are unsure what to do after your work accident, do not hesitate to contact an experienced workers’ compensation lawyer. An attorney could explain how to receive workers’ compensation in Boston. He or she could handle all the details of your case so you can receive the benefits you need to recover from your injuries. Call today to discuss your case. En Español.
- Be an employee and not an independent contractor
- Be injured while in the course of their employment
- Report the work accident to their employer as soon as possible.
The best practice is to the report the accident to your supervisor right away and document it. If the employer fills out an accident report, ask for a copy of the report for your own records. If your boss does not fill out an accident report, make sure that you document the accident. You can do so by sending an email to your boss and to your HR Department.
First Steps After an Accident
Injured workers should take several steps in the aftermath of an accident. Following this procedure could be the best way to receive the needed benefits.
Seek Medical Treatment
If you were injured, seek medical treatment as soon as possible so that the injury can be evaluated and treated. You could ask someone to call 911 for an ambulance or call 911 yourself. If you cannot drive but do not feel that you need an ambulance to treat you at the scene, you could have someone drive you to the emergency room. If you are disabled, get a disability note from your doctor that describes your injury and states that the injury and disability is due to the work accident.
Contact the Insurance Company
After receiving all necessary medical treatment, you should ask your employer for the name and contact information of the workers’ compensation insurance company. Boston employers are required by law to post this information in a common area at the jobsite. This information bulletin should include the name of the workers’ compensation insurer and the contact information to report a claim. The notice is to be posted in an area commonly used by employees. Sadly, not all employers comply with the law and do not provide their workers with the contact information for the workers comp insurer.
Contact an Attorney
If the injuries were severe and disabling, you should contact an experienced workers’ compensation lawyer as soon as possible to make sure you receive benefits without delay. Sometimes, the employer might delay reporting the accident to their insurance company. The workers’ compensation lawyer could investigate all the circumstances of the accident while the evidence is fresh and witnesses are still available with recent memories of the accident. By gathering all available information, the workers’ compensation lawyer could ensure that you are protected regarding possible third-party claims.
Workers’ Who Are Ineligible for Workers’ Comp
Independent contractors may not be entitled to workers’ compensation benefits in Boston because they are not employees. If the injury the person suffered was not in the course of employment, he or she also may not be entitled to workers’ compensation. A classic example is the going and coming rule. If the accident happened on the way to work or returning from work, in most cases people are not in the course of their employment. They are not doing work related to their employment, and most likely, they are not entitled to workers’ compensation.
There are many exceptions to the general rules listed above. Each case is fact-based, and it is worthwhile to consult with a workers’ compensation lawyer to see if your particular fact pattern falls outside the general rule. There may be a way for you to be eligible to receive workers’ compensation benefits.
For example, someone arrives at work, parks their car in the designated parking area on the employer’s premises, and he or she slips and falls as they walk to the building to check in. Even though the person did not start working, the accident took place on the employer’s premises, and that is compensable. The resulting medical bills and any lost time from work could be paid by workers’ compensation.
In addition, there might be a third-party claim. Perhaps a building manager is responsible for maintaining the common areas. There might be another company that was hired to do snow removal, sanding, and de-icing, but they did not do it when they should have because of weather conditions.
Speak With an Attorney About Your Accident
If you were hurt in a work accident, you should speak with a lawyer, even if you believe you are ineligible for benefits. You should never just assume you do not qualify, because there could be something unique about the facts of your case. Let a qualified attorney analyze your situation and determine how to receive workers’ compensation in Boston.