Lowell, MA Workers’ Compensation Lawyer
Those who file Workers’ Compensation insurance claims can recover damages for medical bills and lost wages associated with their on-the-job injuries. Most types of injuries and illnesses are covered. Furthermore, claimants are not required to prove that other parties are to blame.
Still, filing a Workers’ Compensation claim may be a tiresome and frustrating process. Claimants must present a great deal of information pertaining to the circumstances of their accidents. Furthermore, some insurers may be reluctant to pay the full value of workers’ claims. The guidance and support of our lawyers can be valuable when building your case and fighting for fair payment.
If you need to file a Workers’ Compensation claim in Lowell, MA, then you should get help going after available benefits. Reach out to the Law Office of John J. Sheehan’s Workers’ Compensation attorneys by contacting us at (617) 925-6407. Our lawyers will provide a free case review.
Types of Benefits Available to Workers’ Compensation Claimants in Lowell, MA
There are multiple categories of benefits that can be sought through Workers’ Compensation insurance, including medical coverage and lost wages benefits. The amount of benefits you can recover and how long you will receive them depends on many factors, including the severity of your injuries and when you can return to work, if ever. During your free case assessment, our Workers’ Compensation attorneys will explain which of the aforementioned damages you may recover. For instance, any of the following damages may be pursued:
Permanent and Total Incapacity Benefits
One tier of Worker’s Compensation insurance is designed to provide benefits to workers permanently and totally incapacitated by their injuries. For instance, workers who have their legs amputated or break their spine and are paralyzed will most likely not be able to return to work for the remainder of their lives. If so, they can qualify for benefits equal to a certain amount of their lost wages, which is set between two-thirds of a victim’s average weekly income before being injured and their maximum weekly wages, according to Mass. Gen. Laws Ch. 152 § 34A. This compensation will also be paid in addition to other benefits you have already received if your permanent diagnosis comes later.
Temporary Total Incapacity Benefits
Fortunately, permanent injuries at work are relatively rare, so many more workers need and can qualify for temporary total incapacity benefits. These benefits are meant for employees who cannot work for a certain amount of time but are expected to return once their injuries heal. For example, workers in a full-leg cast or a coma in the intensive care unit typically cannot resume their job duties. If you are projected to be out of work for a limited time, § 34 will provide compensation for a maximum of 156 weeks. Like benefits for permanent injuries, compensation is set between 60% of your pay and your weekly wages’ highest average prior to being injured.
Partial Incapacity Benefits
Many other employees get injured, but not so badly that they are completely kept out of work. Some injured workers return to the job only to find they rushed things and need to take time off because of their injuries. Other injured workers reduce their hours to match their treatment plan recommendations. In other cases, injured workers must take up a new position corresponding to their current capabilities that might not pay as well as their previous one. In such situations, injured workers can recover damages equal to 60% of the difference in the weekly wages they would have received, according to § 35. However, insurers can reduce the amount of benefits paid to an employee when their combined weekly earnings and benefits are equal to two times their weekly wages at the time the benefits are reduced.
In general, injury victims can only receive partial incapacity benefits for up to 260 weeks. However, the legal timeline for benefits can be extended to 520 weeks by the insurer or an administrative judge if they find that the worker has suffered a 75% permanent loss or more of any bodily function, such as vision and hearing loss, or loss of the use of a limb.
Benefits for Specific Injuries
Massachusetts Workers’ Compensation law also provides benefits for specific types of work-related injuries. Some bodily injuries at work are so bad that money cannot compensate for them, but the additional benefits can help victims get the care they need and make any necessary modifications to adapt to their condition. Under § 36, specific injury benefits will be paid to a victim in addition to other forms of compensation they are already receiving.
For example, if your dominant hand is amputated, you would be entitled to your average weekly income multiplied by 34. Income will still be multiplied by 29 for the loss of a non-dominant hand. You can also receive sizable benefits for losing an eye, hearing, or loss of use in a body part. Scarring on the neck, face, or hands and bodily disfigurement will also garner specific injury benefits.
Medical Benefits
The benefits described above compensate you for your lost wages, but Workers’ Compensation also provides benefits for necessary and adequate medical care. Of course, what care is adequate and necessary depends on your injuries and the treatment they require. In most cases, it will cover hospital and doctor visits. However, your employer or the insurance company gets to choose the first doctor to examine you, but you can have your own physician there, albeit at your own expense. After the initial examination, you can get care from your typical providers, or our team can arrange some if you are unsure who to see. Keep in mind that the insurance company can demand an independent exam every six months, but medical benefits will cover them.
Your medical benefits should also reimburse you for any prescription medications you need. Also, be sure to keep receipts for travel costs you incurred visiting your doctors, like fuel purchases or bus fares, since you can be reimbursed for them in your claim.
Death Benefits
Unfortunately, some workplace accidents result in the death of a worker. While money cannot replace a loved one, surviving spouses and children can receive two-thirds of their loved one’s weekly wages, according to § 31.
Common Injuries Caused by Workplace Accidents in Lowell, MA
There are several different types of injuries that can result from accidents that occur at work. The type of injury you suffered can impact the type of benefits awarded in your case. The following injuries commonly result from workplace accidents in Lowell, MA:
Traumatic Brain Injuries
Traumatic brain injuries usually happen because of external blows to the head. Accordingly, vehicle accidents, falling accidents, and strikes from falling objects are all common sources of traumatic brain injuries.
Workers who sustain traumatic brain injuries may have trouble performing the same duties that they tended to before their accidents. Fortunately, claimants with these injuries can pursue payment for their lost earning capacity in the future.
Soft Tissue Injuries
Injuries to soft tissue – muscles, tendons, and ligaments – can be very debilitating and painful. If you experienced a soft tissue injury while at work, then you should call our lawyers quickly. Our Workers’ Compensation attorneys can help pursue payment for any medical bills and lost wages related to the harm you incurred.
Spinal Cord Injuries
Those who suffer spinal cord injuries may experience severe immobility or even total paralysis. Accordingly, the damages stemming from these injuries can be devastating. Claimants with spinal cord injuries can connect with our attorneys for guidance on the route to recovery.
Broken Bones
Broken bone injuries can be excruciating. In severe cases such as those involving compound fractures and crush injuries, victims with broken bones may need surgical treatment. If you incurred a broken bone because of an accident at work, our Workers’ Compensation attorneys can help find the right doctors for you.
Burns
Burns can happen because of fires and explosions at work. However, workers can also sustain burns because of contact with hot metals, dangerous chemicals, and hot liquids. These are some of the most painful types of harm people can suffer. After suffering a burn injury at work, our team can help build your Workers’ Compensation claim.
Common Sources of Workplace Injuries in Lowell, MA
Workplace injuries can stem from many different types of accidents. The type of accident you suffered may impact the path to compensation in your case. Our Workers’ Compensation attorneys can help pursue payment for injuries related to any of the ensuing sources of harm:
Vehicle Accidents
A great number of workers are hurt each year because of vehicle accidents. For example, the driver of a delivery truck may suffer serious injuries because of a crash caused by a careless motorist. Furthermore, workers on a construction site may sustain serious injuries as the result of an accident caused by a careless backhoe operator. In any case, victims of workplace vehicle accidents can recover payment for the injuries they sustained.
Falling Accidents
Falls are also a very common type of workplace accident. Roofers, construction workers, line workers, and arborists are all examples of workers who have a high propensity to suffer such accidents. After being hurt as a result of falls suffered at work, victims may be able to recover benefits through Workers’ Compensation.
Dangerous Tools and Machinery
Furthermore, many workers are injured because of dangerous tools and machinery. As an example, a construction worker may incur a puncture wound while working with a nail gun. Additionally, a restaurant worker may sustain a laceration while handling a sharp knife. In such cases, injured employees can recover payment for the workplace injuries they sustained.
Handling Heavy Objects
Lastly, many workers suffer injuries after pulling, pushing, lifting, carrying, or lowering heavy objects. Factors workers, warehouse workers, and construction workers are especially prone to suffering these accidents. If you were hurt because you had to handle a heavy object at work, then you should contact our Workers’ Compensation attorneys for guidance. Our team of experienced attorneys will help build your claim.
If You Are Injured Because of an Accident at Work in Lowell, MA, Our Lawyers Can Help
After being injured at work, get help from our Workers’ Compensation attorneys by contacting the Law Office of John J. Sheehan at (617) 925-6407 for a free assessment of your case.
