Hudson, MA Workers’ Comp Lawyer
For those injured at work, the stress and fear of how they will cover their damages can be overwhelming. Fortunately, Workers’ Compensation is there to help if you permanently or temporarily cannot work.
Most employees in Hudson will be covered by their employer’s insurance when an accident happens. While your employer might encourage you to apply for benefits on your own, our lawyers can provide advice and gather evidence so that your claim is not denied. We will confirm your employer’s coverage and explore other legal options if they do not, such as filing a lawsuit. Most importantly, we can estimate the benefits you will likely receive for your injuries. If your injuries totally keep you from working again, we can negotiate a settlement that accounts for your long-term needs.
For a free case evaluation with our Workers’ Compensation attorneys, call the Law Office of John J. Sheehan today at (617) 925-6407.
Types of Employees Covered Under Workers’ Compensation in Hudson, MA
While the question of whether or not someone is considered an “employee” is often a simple one, that is not always the case. This distinction is important because only certain employees can qualify for Workers’ Compensation benefits after getting injured on the job. Fortunately, most workers are deemed “employees” for the sake of Workers’ Compensation under Mass. Gen. Laws Ch. 152 § 1(4). You likely meet the definition if you work for another person or company under a written or oral contract.
Our Workers’ Compensation lawyers have decades of experience helping injured workers in Hudson and can quickly determine if your employer carries insurance you can apply for. It is easier to list the types of workers not covered under the law. For instance, federal employees and those working on commercial sea vessels are not covered. Taxicab drivers and most real estate brokers are also not covered. However, students working in a school-to-work program are considered “employees” and must be covered by the employer’s insurance.
The issue is trickier if the employee is a part-time or seasonal worker. A “part-time” employee is any person working less than 16 hours a week. Employers can choose whether or not to provide coverage for part-time employees; they are not legally obligated. If the employer does carry Workers’ Compensation, part-time employees must use it to cover their damages. If they do not offer insurance, our team can still help you pursue compensation by filing a lawsuit against the person responsible for your injuries.
How to React After Getting Injured at Work in Hudson, MA
Numerous constraints and timelines can impact whether an injured worker gets benefits, so you must know what to do if it happens to you. Missing deadlines and reporting your accident too late could mean you receive no compensation for your injuries. Of course, you are likely not thinking about your supervisor immediately after getting injured but about getting medical care.
You should get the treatment you need, but do not forget to report your accident to your employer as soon as possible. Once you report your accident to your employer, they have seven days to file a report with the Massachusetts Department of Industrial Accidents (DIA), according to § 6.
The next step is to undergo a medical examination conducted by healthcare professionals of your employer’s choosing. However, we can arrange for your doctor to be present during the exam so you have another opinion, as per § 45. It is also common for the insurance company to request further exams during your recovery, which they might do every six months or so for those with serious injuries. Refusing to sit for a requested evaluation can lead to your insurance payments being canceled, regardless of whether you have medical evidence from your physician. After the first visit, though, you can go to your own doctor for your continued care.
Before leaving the scene of your accident, you can also gather evidence of it by taking photos and videos with your phone. You do not need evidence to prove negligence since Workers’ Compensation is “no-fault” insurance, but you need evidence that the accident occurred the way you claim it did. Do not worry if not, as our team will gather the evidence you need to approve your claim.
Benefits that Workers’ Compensation Claim Can Provide in Hudson, MA
Workers’ Compensation is designed to prove benefits whether your injuries permanently keep you out of work or are temporary. For instance, workers who suffer serious spine and head injuries might be paralyzed for life, totally preventing them from returning to the workforce. Permanently injured workers will get between two-thirds of their average weekly wages and their maximum weekly compensation from Workers’ Compensation, according to § 34A.
Some workers are too injured to return to work, but it is not permanent. Workers’ Compensation classifies these injuries as “temporary total.” If you are projected to return to work after your treatment program, you can get 60% of your weekly wages for a maximum of 156 weeks, as per § 34.
Other injuries might not permanently keep you out of work but will impact you for life, such as permanent disfigurement or damage to a specific body part, like losing a finger. How long you will receive benefits and what rate of your weekly wages will depend on the body part injured under § 36. For instance, those who lost an eye or vision would get 39 times their weekly income.
Of course, Workers’ Compensation will also cover your “necessary” medical expenses. Necessary medical costs include reasonable and adequate medical care, like emergency room visits and hospitalization. It also includes reimbursement for prescriptions related to treating your injuries. Workers’ Compensation can also reimburse you for your mileage and transportation costs for traveling to and from your medical appointments.
Reach Out to Our Hudson, MA Workers’ Compensation Attorneys Today for Help Applying for Your Benefits
Call the Law Office of John J. Sheehan at (617) 925-6407 for a free case review with our Workers’ Compensation lawyers.
