When is it Worth Hiring a Workers’ Comp Lawyer in Massachusetts?

Employees who have been injured while at work can claim Workers’ Compensation through their employer’s insurer. This is often the only way a worker can get any compensation for work-related injuries, as Workers’ Compensation is legally required in most cases, and personal lawsuits against your boss are barred. Since Workers’ Compensation is usually the required process to go through, many employees wonder if hiring an attorney would be helpful.

The Workers’ Compensation process can be very complicated and confusing. An attorney is often necessary to help you understand the process and get you the compensation you need. Attorneys can help you navigate the application process and help with an appeal should your case be denied. Even forms and paperwork can be tricky to understand on your own. If you are injured at work and need Workers’ Compensation, you should call our Boston Workers’ Compensation lawyers right away. We can help you begin the application process or represent you in an appeal.

Call the Law Office of John J. Sheehan at (617) 925-6407 to arrange a free legal consultation.

The Complex Process of Getting Workers’ Compensation in Massachusetts

The process of applying for Workers’ Compensation is not easy. Forms and paperwork must be filled out correctly or else you risk having to start all over again. You could even be denied if you do not have all the required evidence of your injury and expenses. An attorney can help you comb through your application and make sure everything is filled out correctly and there are no missing pieces.

An attorney can help you prove you are eligible for Workers’ Compensation in the first place. If you cannot show that you are eligible, you will be denied. Eligibility depends on the nature of your accident and the extent of your injuries. Only people whose accidents were work-related and caused them to miss at least five days of work may receive compensation.

An attorney can also help you document your expenses, like medical bills. These medical expenses are necessary because Workers’ Compensation will pay you an award to cover the costs of your medical treatment. If you do not have all your medical expenses documented, you may not receive the total compensation you are entitled to.

A lawyer can help you get an accurate calculation of your average income, which may be used to determine your compensation award. Recipients may be compensated based on their average weekly income. Getting the most accurate calculation of your income possible will prevent you from losing out on compensation.

A lawyer can help you determine what types of benefits are best for you and which ones you are eligible for. There are different kinds of Workers’ Compensation awards available depending on your injuries. A lawyer will help you get the compensation that best fits your needs. Call our Somerville Workers’ Compensation attorneys today for help.

How Can a Massachusetts Workers’ Compensation Lawyer Help You with the Workers’ Comp Claim Process?

While injured workers are not required to use a Workers’ Compensation lawyer to pursue their claim, those who do are successful substantially more often and tend to get through the claims process faster. Below are some areas where having a Malden Workers’ Compensation lawyer by your side can be a serious advantage.

Filing Your Claim

You would not believe how many Workers’ Compensation claims are delayed or denied because of mistakes in paperwork. Massachusetts Workers’ Compensation attorneys are aware of the common issues found in claims and can help you avoid those and meet all the relevant procedural deadlines.

This is another good reason to hire a lawyer as soon as possible, ideally right after you are injured. The filing process is not only time-sensitive, but it can also be very complicated. You might need to submit evidence of your injuries, such as information from your medical records. How you word your explanations also plays a significant role. Our Massachusetts Workers’ Compensation attorneys have handled cases like this before, know what the Department of Industrial Accidents (DIA) is looking for, and can help you explain your situation in a way that is likely to get your application approved.

DIA Hearing

To get Workers’ Compensation benefits, many claimants will have to make their case directly to an arbitrator. Often, hearings are held before a conciliator for the Department of Industrial Accidents (DIA). This environment can be intimidating or overwhelming for non-lawyers, especially those dealing with serious injuries.

At this point, having a lawyer on your side is crucial. Legal hearings of any kind tend to follow strict rules and procedures, and people spend weeks or even months preparing for them. Talk to an attorney about your hearing as soon as possible. An attorney should have the legal experience to get you through the hearing successfully. They can help you with issues of evidence, arguments, and dealing with whatever comes next.

Identifying a Potential Injury Lawsuit

If you were injured at work due to employer negligence, your path to recovery is almost always through Workers’ Compensation. However, if your injuries resulted from the negligence of another party, you may be able to file a lawsuit against that party. Personal injury lawsuits provide more in compensation than Workers’ Compensation claims, so they should always be identified where possible. If the accident that caused your injuries occurred as a result of a manufacturing defect in a power tool or the failure of a contractor to maintain your work area, you will want the help of a Wakefield Workers’ Compensation lawyer to assess your best path forward.

Attorneys Can Help You Get Your Workers’ Compensation Award in Massachusetts

Workers’ Compensation is often required in Massachusetts. When an employee is injured on the job or in a work-related accident, the law requires that they go through Workers’ Compensation to obtain any compensation award. Personal lawsuits against your employer are usually barred. However, getting compensation involves much more than simply notifying your employer of your accident and making an insurance claim.

The process often involves a lot of bureaucratic red tape and procedural rules. An experienced attorney can help you navigate the application process so you get it right the first time. Not only must forms be filled out correctly, but you must also attach proof of your medical expenses and proof that you were out of work for at least five days. An attorney can help you gather the evidence necessary for a successful application.

When to Contact a Massachusetts Workers’ Compensation Lawyer

After your injury, your first step should be to seek medical attention to treat your injuries and establish a record of your condition. Your second step should be to contact a Massachusetts Workers’ Compensation attorney. In the world of Workers’ Compensation, everything moves very quickly, and you will want to be able to hit the ground running. There is no better way to set yourself up for success than using competent legal counsel to make your Workers’ Compensation claim.

Workers’ Compensation is paid through insurance that your employer must carry. As such, you need to report your accident and injuries to your employer immediately. Your employer is the one who must contact the insurance company and get the claim started, so the sooner you notify them, the better. After you notify your employer and get medical treatment, you should speak to a lawyer about your situation. Our Chelsea Workers’ Compensation lawyers can help you follow up with your employer to make sure your claim is properly filed.

Talking to an Attorney Before You File a Workers’ Compensation Claim in Massachusetts

Injured workers have a lot on their minds, and many probably do not know when to talk to an attorney about their case. The easy answer to this dilemma is to speak to a lawyer almost immediately after you are injured. Even if you decide to handle your case alone and forego a lawyer, an attorney can offer guidance on your case and point you in the right direction.

If you do end up hiring a lawyer right away, they can help you contend with your employer. Your boss plays a big role in your Workers’ Compensation claim since they are the one responsible for maintaining the proper insurance. Even if your boss is well-meaning and concerned for your health and safety, they might be unsure how even to begin a claim. Speaking to a Milton Workers’ Compensation lawyer as soon as possible might help you in this regard and ensure a strong start to your claim.

In some cases, employers refuse to believe their employee is injured enough to need a Workers’ Compensation claim. In those cases, employers might refuse to file the claim at all. In such cases, you and our Danvers Workers’ Compensation lawyers can start the case on your own. The sooner you speak to an attorney, the sooner you can overcome this hurdle. You should speak with an attorney immediately before anything is even filed, just so you have legal representation if things go wrong.

Speaking to a Massachusetts Workers’ Compensation Lawyer About Retaliation from Your Boss

Not only can a lawyer help you file your claim and navigate the process of getting approved for Workers’ Compensation, but they can also help you deal with uncooperative employers. In some cases, employers retaliate against injured employees who file for Workers’ Compensation. This might happen for a number of reasons, but it often happens because the employer does not want to deal with the injured worker. Instead, they would rather fire the injured worker and hire someone else to do the job.

Other times, employers are afraid of some adverse action against them. Perhaps the accident was a direct result of serious industrial violations, and your employer is afraid of sanctions from the Occupational Health and Safety Administration (OSHA). Alternatively, some employers try to fire injured workers because they do not carry Workers’ Compensation insurance as required by law, and they fear legal penalties if someone finds out.

If there is no insurance, our Massachusetts Workers’ Compensation attorneys can help you sue your employer in a personal injury lawsuit. Your attorney can also help you navigate any adverse employment action taken by your employer so you can file your claim. If there is no insurance, your attorney can help you decide if a personal injury lawsuit is possible.

Call Our Massachusetts Workers’ Compensation Attorneys Today

For help with your case, get in touch with our Cambridge Workers’ Compensation attorneys by calling the Law Office of John J. Sheehan at (617) 925-6407 for a free and confidential legal consultation.