Lowell, MA Workers’ Compensation Lawyer

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A workplace accident can happen at any time in Lowell. When you have been injured on the job, our lawyers can help you file for Workers’ Compensation for benefits.

Most workers in Lowell will be covered by their employer’s Workers’ Compensation insurance, but our team can confirm your eligibility status. If you are an independent contractor, we can help you recover losses by filing a legal claim against the person responsible for your injuries. Our lawyers can help arrange medical care and gather records to determine the types of benefits you could qualify for. We can help get you the compensation you need and ensure that you are not sent back to work until you are able.

Call the Law Office of John J. Sheehan today at (617) 925-6407 for free review of your case from our Workers’ Compensation lawyers.

Determining Eligibility for Workers’ Compensation Benefits in Lowell, MA

Workers’ Compensation insurance provides monetary protection for the majority of employees in Lowell and across Massachusetts. However, there are certain specific exclusions that can leave some workers without coverage. With the surge in independent contractors and the rise of third-party employment arrangements, navigating eligibility can become quite complex. Our lawyers can assess your employment status and guide you through the most effective ways to secure compensation for your injuries depending on your status.

Covered Employees

An employee is considered any individual engaged in work for another party through a contractual arrangement, whether that contract is explicitly stated or implied in verbal or written form, according to Mass. Gen. Laws Ch. 152 § 1(4). This expansive definition casts a wide net, capturing a diverse array of employment scenarios. As a result, you are likely to qualify for a variety of benefits.

Certain categories of workers are specifically ineligible for benefits, usually because they receive coverage through alternative means. For example, captains of sea vessels and maritime workers engaged in international or interstate commerce do not qualify as eligible employees for these benefits, primarily because they are typically covered under federal maritime insurance laws.

Furthermore, salespeople who operate in interstate or foreign commerce, as well as those affiliated with a real estate broker, also do not meet the definition of covered employees, thus rendering them ineligible for Workers’ Compensation benefits.

Additionally, professional athletes often find themselves excluded when their employment contracts clearly state that they will receive compensation for lost wages in the event of a disability caused by an injury sustained while performing their job duties.

Taxicab drivers are another group that does not fall under the umbrella of covered employees because of the nature of their work and the systems in place for their compensation.

Lastly, a person is excluded from qualifying for benefits if their employment is not in the usual course of their employer’s business, trade, profession or occupation, unless the worker is conclusively presumed to be an employee, as defined by § 26.

Independent Workers

Workers who meet the last example of employment above are considered “independent contractors,” which makes covering their damages after a workplace accident a little trickier. However, a few other factors must be established for a person to be classified as an independent worker.

According to Ch. 149 § 148B(a), a worker is usually considered independent when they have the autonomy to direct and oversee how their services are carried out, operating beyond the typical activities of the employer’s business. Further, these individuals must be involved in a recognized independent trade, enterprise, or profession that routinely provides similar services.

While Workers’ Compensation benefits are typically not accessible to independent contractors who sustain injuries on the job, there might still be several options available to recover financial compensation for their damages. Perhaps you obtained independent Workers’ Compensation insurance. If so, our team can file a claim under that policy to cover medical expenses, lost wages, and non-economic damages resulting from the injury.

However, if this coverage is not in place, pursuing a lawsuit often represents the most effective strategy for receiving full compensation. This involves filing a claim against the individual or entity responsible for causing the accident. Our attorneys can provide valuable guidance in navigating this process, documenting your damages and fighting for the compensation you deserve.

Steps to Take to Claim Workers’ Compensation in Lowell, MA

While proving fault is not necessary when you file for Workers’ Compensation, it is still important to take certain steps to protect your right to receive benefits.

First and foremost, you should report the accident to your employer right away so they can initiate your claim and you can receive the necessary medical treatment you need. Additionally, you must get examined by your employer’s insurance doctors and your own to substantiate your damages, which is why you have our team organize your medical records and explain what benefits you might recover. Lastly, you should collect and preserve evidence by taking photos and talking to eyewitnesses while you are still on the scene, as you might need it to fight a claim denial or file a lawsuit, where liability will be an issue.

Report Your Injuries

Acting promptly is crucial when it comes to reporting a work-related accident. The sooner you notify your employer about the incident, the quicker you will access the benefits you desperately need. Understandably, your ability to report the accident might be hindered if you are dealing with severe injuries. In these situations, your coworkers, family, or even our lawyers can step in to ensure that your case is reported right away.

Once you have informed your employer, they are required by law to submit a “notice of injuries” to their insurance provider within the window of seven calendar days, as per Ch. 152 § 6. This notice must explain critical details of the incident, including the names of those involved, the essence of the employer’s business, the victim’s age and occupation, and a thorough account of the date, causes, circumstances, and nature of the accident and injuries sustained. Moreover, the insurer retains the right to seek additional information to aid them in accurately evaluating your claim.

You should begin to receive your compensation after just five calendar days, regardless of whether the days out of work are consecutive.

In certain circumstances, it might be necessary to bring your injuries directly to the attention of the Massachusetts Department of Industrial Accidents (DIA). This could occur if your employer neglected to report the accident, either from oversight or a more deliberate choice, or perhaps they lacked the appropriate coverage altogether. Your employer’s insurance provider might have dismissed your claim without a valid reason, or they accepted it but turned down the full spectrum of benefits that you rightfully deserve. Additionally, some workers cannot establish the critical connection between their injuries and their employment until well after the initial incident.

When faced with such challenges, the law provides a safety net in the form of an extended filing window. Under § 41, injured workers are given four years from the day an accident occurred, or from the moment they first recognized that their injuries were linked to their job, to apply for benefits with the DIA. Our team is here to guide you through this process and help you accurately complete the DIA’s employee claim, Form 110, while also gathering any necessary records that might be required to process your application.

Get Medical Treatment

When you file for Workers’ Compensation coverage, your employer’s insurer is likely to want a thorough account of your injuries. This often involves a mandate for you to undergo an independent medical examination conducted by a licensed physician selected by your employer’s insurer, according to § 45. This helps the insurance provider assess the validity of your claim and determine what compensation you qualify for. Importantly, the insurer retains the right to request these independent medical assessments once every six months for as long as you are getting Workers’ Compensation benefits.

When you have to undergo these examinations, you have the option to have a physician of your choice present, though this is at your own cost. If you were to decline a valid request for an independent medical exam while receiving benefits or after your initial accident, your claim will likely be denied or your compensation might be put on hold, leaving you to cover your damages.

However, this requirement does not stop you from getting medical treatment from other healthcare providers not associated with your employer. In fact, you are likely to gather evaluations from your own doctors to serve as documentation of your damages.

Should your injuries be significant enough to keep you from working for six months or more, our team can collect your treatment records periodic reviews are requested by the insurer. This medical evidence will also play a vital role if you decide to pursue legal action beyond Workers’ Compensation to cover the damages from your accident.

Collect Evidence

While proving negligence is not a prerequisite for Workers’ Compensation benefits, it is still important to gather compelling evidence demonstrating that the accident occurred while you were on the job and illustrating the severity of your injuries. As such, a variety of evidence can bolster your claim and also be used if filing a lawsuit becomes necessary.

Taking photographs and videos of your injuries and the accident scene can be invaluable. Document your injuries, the machinery involved, and any other crucial details that you believe will bolster your case. You can use your smartphone to snap these images or get the help of coworkers or eyewitnesses to help preserve this evidence. Otherwise, the evidence will likely vanish when you leave for medical assistance.

Additionally, our attorneys might be able to secure security footage of the incident if we file your claim promptly before it can be erased or filmed over. This footage might capture every detail of the incident and show that your claims are legitimate.

If there were witnesses, like coworkers or people passing by, take a moment to talk to them before departing the scene, if your injuries allow. Their observations can provide you with insights into the circumstances surrounding the incident and lend credibility to the injuries you endured. You might not have had the opportunity to speak with these eyewitnesses prior to heading to the emergency room. If so, do not worry. Our team can examine company incident reports and other records to determine if any other parties were involved or gave statements regarding your incident.

As mentioned, your medical records will play a pivotal role in your Workers’ Compensation claim. Your employer’s insurance provider needs a clear understanding of the benefits for which your injuries qualify. Our team will gather your medical documentation from various sources, including your primary care physicians, independent medical examinations, specialists, chiropractors, and more, organizing everything you need to get your claim approved.

Workers’ Compensation Benefits You Might Be Able to Recover After an Accident in Lowell, MA

The type and amount of lost income benefits injured employees get from Workers’ Compensation typically depends on the length of time they are likely to be kept out of work because of their injuries.

For instance, workers who are permanently and totally incapacitated by their injuries can recover as much as two-thirds of their lost income for as long as their damages prevent them from working, according to § 34A.

Conversely, workers whose injuries totally incapacitate them, but they will eventually return to work, can get up to 60% of the average of their weekly earnings for a maximum of 156 weeks, as per § 34.

Workers can also recover benefits for specific injuries defined in § 36, while surviving family members might be entitled to a loved one’s lost compensation under § 31.

Fortunately, Workers’ Compensation is designed to cover all of an injured worker’s necessary medical expenses stemming from the accident.