Lexington, MA Workers’ Compensation Lawyer
If you are hurt at work in an accident, you might be eligible for Workers’ Compensation benefits. These benefits help many injured employees make ends meet while they recover. An attorney can help you get your claim off the ground.
Workers’ Compensation offers a variety of benefits for injured workers and their families. Your benefits may vary depending on whether your disability is temporary or permanent and whether you are totally or only partially unable to work. These benefits are reserved only for employees. Certain people, including independent contractors, are excluded from the legal definition of an employee. To begin your claim, immediately report the accident and your injuries to your employer and go to a doctor for medical attention. Your employer should notify their insurance company once your injuries have prevented you from working for at least 5 non-consecutive days.
Call the Law Office of John J. Sheehan at (617) 925-6407 and ask our Workers’ Compensation attorneys for a free initial case review.
Benefits Available in Lexington, MA Workers’ Compensation Cases
The benefits available through Workers’ Compensation may be greater than you realize. Not only may these benefits compensate you for a portion of the income you lose while you cannot work, but other benefits for your family might be available, too. Talk to our Workers’ Compensation attorneys to make sure you get all the benefits you and your family need.
Income Benefits
There are a few different types of benefits for lost income. The benefits you are eligible for depend on whether your injuries and disabilities are temporary or permanent. Your benefits also depend on whether you cannot work at all or can resume partial work.
Permanent and total disability benefits are the most substantial. These are available to employees whose injuries are permanent, leaving them totally unable to work for an indefinite period, possibly forever. In such a case, you may be paid benefits worth 66% of your gross average weekly income for as long as you are disabled.
Temporary total benefits are one step down but still provide injured workers with some of their lost income. You may receive 60% of your gross average weekly income, but only for up to 156 weeks. At that time, your benefits might be terminated if you cannot show that your injuries are permanent and total.
Temporary partial benefits are designed for those whose injuries prevent them from working in the same capacity as before, but they are still able to work. Often, eligible employees can still work but in a lesser capacity, which earns them less money. As such, they may be able to claim benefits for 75% of what their benefits would be for total temporary disabilities. These benefits may only last for up to 260 weeks.
Medical Coverage
While the income you miss out on after a work-related injury is important, you also need compensation to help you afford high medical costs. Medical benefits are also paid through Workers’ Compensation. These benefits may be used to cover adequate and reasonably necessary medical treatment. This could include surgery, medication, travel costs to get to hospitals, physical therapy, and more. If the insurance company tries to push back and claim that some of your procedures were not medically necessary, ask our team for help immediately.
Other Benefits
Depending on your needs, Workers’ Compensation may provide numerous other benefits. For example, if an employee does not survive their accident, death benefits may be paid to their family. Death benefits are available to surviving spouses and children. These benefits may include weekly payments of 66% of the deceased employee’s average weekly income and burial costs. A surviving spouse may receive benefits for as long as they do not remarry and remain dependent.
You can be compensated for serious scarring and disfigurement from your work-related accident. This is often a one-time payment in addition to other benefit payments for things like medical costs and lost wages. The amount paid depends on the extent of your disfigurement.
Who Can File a Workers’ Compensation Claim in Lexington, MA
To file a Workers’ Compensation claim, you must be an eligible employer within the legal definition under Mass. Gen. Law Ch. 152 § 1(4). This definition is very broad and includes many, if not most, workers. Check with your attorney to make sure you are considered an employee. Remember, independent contractors are not considered employees and cannot file Workers’ Compensation claims unless they are self-insured.
To be an eligible employee, your accident must be work-related. For example, if the accident happens in your normal place of work during normal business hours while you are clocked in for work, it is likely sufficiently work-related. If you were clocked out for lunch or left the work premises for a break, the accident might not be sufficiently related to your job to be covered by Workers’ Compensation.
Your injuries should leave you unable to work for at least 5 days. These days do not need to be consecutive and may occur over a longer period. Keep in mind that you have 4 years from the day of the initial accident to file a claim. If you are unable to work but cannot meet the 5-day requirement, you may file a claim only for medical expenses. For example, if you miss work but only for 3 days, you can file a medical claim only.
How to Begin a Workers’ Compensation Claim in Lexington, MA
To begin your claim, report the injury to your boss immediately. Your boss is like your point of contact for the insurance company paying your Workers’ Compensation benefits, at least at first. If you suspect your boss is not reporting your case to the insurance company or you would rather not handle the claim on your own, call an attorney.
Inform your employer when you have been unable to work for at least 5 days. In fact, you should inform your employer of each day you cannot work due to your injuries and make sure everything is documented. It is crucial that you keep a thorough record of all the days you miss from work and why. If you miss work because of the injury you sustained in a work accident, tell your boss that is the reason for your absence.
Speak to Our Lexington, MA Workers’ Compensation Attorneys Now
Call the Law Office of John J. Sheehan at (617) 925-6407 and ask our Workers’ Compensation attorneys for a free initial case review.
