I’m Unable to Return to My Previous Job After a Work Injury in Massachusetts – Now What?

Being unable to go back to work after an injury is a frightening prospect. Fortunately, there are protections for workers in Massachusetts that provide pathways to compensation in these situations.

Right after a workplace injury, whether you immediately know you cannot return to work or not, report the accident to your employer. If you cannot return to the same earning capacity and sustain permanently disabling injuries, you may be eligible for permanent total disability (PTD) benefits from Workers’ Compensation. Even if you cannot go back to your previous job temporarily, you can get payments to supplement your lost income for that time. To prove you need compensation, we must prove you are injured, which requires medical evidence. Because of this, prioritize going to the hospital right after a workplace accident, even if it initially appears minor. If you ultimately cannot go back to work, having those immediate medical records of your injuries will be important for your claim.

For a confidential and free case evaluation from our Massachusetts workplace injury lawyers, call the Law Office of John J. Sheehan today at (617) 925-6407.

Figuring Out What to Do After a Workplace Injury in Massachusetts

Right after a workplace accident, you should tell your employer about your inability to return to work. Our lawyers can then assess your case to determine your path to compensation in Massachusetts.

Generally speaking, victims file Workers’ Compensation claims to get damages after accidents at work. If you can never return to work at the same level of employment, Workers’ Compensation should supplement some of the difference. Furthermore, if you can’t go back to work for several weeks or months and expect to make a full physical recovery at some point, Workers’ Compensation can cover some of your missed income until that time comes.

Workers’ Compensation is the exclusive remedy for workplace accidents in Massachusetts. However, you may be able to file a third-party work injury lawsuit, depending on the facts of your case. For example, if a defective product exploded on a worksite, injuring you, you may have a product liability case against the manufacturer.

After a workplace accident in Massachusetts, operate under the assumption that your injuries are serious and that you will have to file a Workers’ Compensation claim to get damages. By this, we mean making sure you report the accident to your employer so they can report it to their insurer to initiate your case. Workers should also get immediate medical treatment. Do not assume workplace injuries are minor or unworthy of attention. Always go to the hospital for workplace injuries so that you have medical records confirming them.

What if You Can Never Return to Your Previous Job Because of a Workplace Injury in Massachusetts?

When workplace accidents permanently disable victims in Massachusetts, Workers’ Compensation benefits may last for the rest of their lives. Our lawyers can ensure you get the appropriate benefits for your injuries.

Permanent and total disability or incapacity benefits are for workers with life-long injuries that forever eliminate their earning capacities. Injuries that may qualify workers for PTD benefits include traumatic brain injuries that impact cognitive function and spinal cord injuries that cause permanent paralysis, among others.

If our Massachusetts workplace injury lawyers determine that you qualify for PTD benefits from Workers’ Compensation, you could ultimately get two-thirds of your average weekly wage proceeding the injury, according to Mass. Gen. Laws Ch. 152, § 34A. There are minimum and maximum amounts claimants can get from PTD, which are based on the statewide average weekly wage in Massachusetts. Currently, the maximum compensation rate is $1,796.72, and the minimum is $359.34. Our lawyers can figure out your exact payments by referring to your wage information from before the accident

Workers who qualify for PTD benefits can get them for as long as they are disabled, which could be the rest of their lives. In addition to PTD benefits to supplement your income, you might be eligible for cost-of-living adjustments. Furthermore, you will get compensation for any and all reasonable medical expenses related to your permanent workplace injuries in Massachusetts. Again, you will continue to get medical benefits for as long as necessary.

Injured workers unable to return to work temporarily might be eligible for other Workers’ Compensation payments, like temporary total incapacity and partial incapacity benefits. All injured workers can get medical benefits to cover all reasonable medical costs, regardless of their lost-wage benefits in Massachusetts.

Proving You Can’t Return to Your Previous Job After a Workplace Injury in Massachusetts

To get Workers’ Compensation benefits after an on-the-job accident or compensation in third-party workplace accident lawsuits, we must show that your injuries are serious and sufficiently incapacitating.

This requires medical records. While we do not need to prove liability in Workers’ Compensation cases, we do need to convince insurers that claimants are injured and were hurt at work. After getting your medical records from the necessary hospitals and providers, we can organize those records and additional evidence to prove that your previous job is now outside your physical or mental capabilities because of your injuries and the accident in question.

Since permanent and total disability benefits can last for the rest of a claimant’s life, an insurer might request routine medical assessments even after approving a claim. If you ignore or reject these requests, the insurer can pause your Workers’ Compensation benefits, according to § 45. To avoid these situations, continue getting the necessary medical care and oversight after your claim gets approved. When you do this, our lawyers can easily update the insurer with current medical records confirming your continuing disability should they inquire about your medical status.

Call Our Work Injury Lawyers in Massachusetts Now

Call the Law Office of John J. Sheehan’s Massachusetts workplace injury lawyers for a free case assessment at (617) 925-6407.