Is It Worth Hiring a Workers’ Compensation Attorney 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 were 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.
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 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.
Attorneys can also help if your claim is denied and you want to appeal the decision. Denials are not uncommon, and many people are left injured without any compensation award to help them. The appeals process can be long and complex, depending on your circumstances. An attorney will be able to help you advocate for your compensation award more effectively. Call our Massachusetts workers’ compensation attorneys for help with your case.
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 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 Attorneys Can Help if You Are Denied Workers’ Compensation in Massachusetts
Not every claim for workers’ compensation is granted. Many are denied because they are ineligible or lack necessary proof of their injuries. If you are denied, an attorney can help you through the complex appeal process. The appeals process involves multiple steps and you may have to argue your case to a judge.
First, you must go through conciliation, an informal meeting with your employer’s insurer and the Department of Industrial Accidents (DIA). The goal of this meeting is to reach an agreement with the insurer about compensation. Your lawyer can help you craft compelling arguments in support of your case. If no agreement can be made, you move on to the next phase of the appeal, a judicial conference.
In a judicial conference, your claim is heard by an administrative judge and there is a conference between you and the insurer. The judge will issue a decision regarding your claim. Your attorney will have the skills necessary to convince the judge that you should receive compensation. If the judge does not rule in your favor, you may request a more formal hearing.
A full evidentiary hearing may be requested if the judge rules against you at the judicial conference. You have 14 days from the judge’s decision to make this request. You can submit evidence and call witnesses at this hearing. An attorney should be trained on presenting evidence and calling witnesses and can be a significant help to your case. If you are still unsuccessful, you may request your case be reviewed by the DIA Review Board.
You can appeal to the DIA Review Board within 30 days of losing the evidentiary hearing. The Board reviews the hearing transcript and determines if the decision should be reversed. Additional appeals beyond this level will go to the Massachusetts Appeals Court. You could even work your way up to the Massachusetts Supreme Court. At every level of appeal, an attorney can be a major help to you. Call our Wakefield workers’ compensation lawyers for help with your appeal.
Call Our Massachusetts Workers’ Compensation Attorneys Today
If you were injured in a work-related accident, you might want to consider applying for workers’ compensation. For help with your case, get in touch with our Cambridge workers’ compensation attorneys. Call the Law Office of John J. Sheehan at (617) 925-6407 for a free and confidential legal consultation.