Lynn Workers’ Compensation Lawyer
Getting compensation for injuries after a workplace accident can be confusing and complicated. While many injury cases can be resolved in court, most work injury cases in Massachusetts have to be resolved through Workers’ Compensation instead. Workers’ Compensation is available to nearly all workers, but filing a claim can be complex.
Our Lynn Workers’ Compensation attorneys can help you file your claim and deal with the internal processes at your job to make sure that your case is in the best position possible to get your injuries compensated. If your employer and their insurance company deny your Workers’ Compensation claim, our attorneys can bring the case to the state and fight to get your claim approved.
For a free case review, call the Lynn Workers’ Compensation lawyers at the Law Office of John J. Sheehan today. Our phone number is (617) 925-6407.
How Workers’ Compensation Works in Lynn, MA
Workers’ Compensation is an insurance system that works to get injured workers compensation after an accident. In most injury cases, you need to sue the party who was at fault for your injuries. However, many workplace accidents are just accidents, and there would be no way to hold your employer liable for your injuries. Instead, Workers’ Compensation allows you to claim damages anyway.
Fault in Workers’ Compensation Claims
As mentioned, Workers’ Compensation allows you to get payments from your employer’s insurance company without having to prove fault. This is absolutely necessary for a work injury compensation system because many accidents on a work site are just a part of the job. If you were required to file a lawsuit for compensation, there are many situations where you would not be able to prove that your employer did anything wrong to cause the accident. Alternatively, the accident might have been your own fault, and a lawsuit would deny you the ability to recover damages.
Instead, Workers’ Compensation allows injured workers to get compensation regardless of how the accident happened. As long as the accident was work-related and the worker did not intentionally cause the injuries to commit Workers’ Compensation fraud, they should be able to recover through Workers’ Compensation.
Requirements for Workers’ Compensation
For a Workers’ Compensation claim to be accepted, the injuries need to have been work-related. Injuries that happen while you are at your worksite and engaged in your work duties are usually accepted. Many illnesses that stem from working conditions, such as silicosis or asbestosis, are also accepted as a work-related illness. Similarly, cancer and other long-term illnesses can also be linked to your job, and you can file Workers’ Compensation claims for these conditions as well.
For an injury to be accepted for Workers’ Compensation, it must keep you out of work for at least 6 days. These days do not need to be consecutive, but the injury must be at least severe enough for 6 lost days of work for Workers’ Compensation to pay benefits.
Workers’ Compensation Benefits
Workers’ Compensation is meant to make up for the harm you faced at work by compensating you for lost wages and medical expenses. Workers’ Compensation pays a portion of your lost wages while you are unable to work, and it pays for the medical care needed to treat your injuries. There are, however, some limitations.
Generally speaking, Workers’ Compensation pays 66% of your lost wages. However, these damages could fluctuate depending on whether the injury is temporary or permanent and whether it is partial or total. For example, if you are totally incapacitated on a temporary basis, you will receive 60% of your wages, but if your injuries are temporary and partial, you will receive 75% of that 60%. Total, permanent disabilities usually receive 66% of your wages.
When seeking medical care, you might be limited as to what doctors you can use. Your employer and their insurance company usually choose a list of doctors that are approved for Workers’ Compensation benefits. If you choose to use a doctor outside this approved list, you might not be able to receive medical care benefits.
Additionally, emergency medical care is usually covered, so never hesitate to seek medical treatment after a work injury. Your Lynn Workers’ Compensation lawyer can follow up to help ensure that it is covered by your employer’s Workers’ Compensation insurance instead of your own out-of-pocket payments or medical benefits.
Who Pays for Workers’ Compensation Benefits in Lynn, MA?
Throughout Massachusetts, Workers’ Compensation insurance is paid for by the employer. As a worker, you should never be required to pay money for Workers’ Compensation coverage, as that is a required benefit. However, some workers are not covered by Workers’ Compensation in Massachusetts and might need to file through a federal system instead or seek compensation through alternate means.
Certain categories of people are not considered “workers,” primarily because they own the company. Because of this, certain LLC owners and partners in LLPs, as well as sole proprietors running a business, are not required to carry Workers’ Compensation insurance for themselves. Additionally, certain corporate officers are not required to have Workers’ Compensation insurance for themselves. Otherwise, most workers are required to be covered by an employer’s Workers’ Compensation insurance.
Federal workers, e.g., postal workers and federal courthouse workers, are usually covered by a federal system instead of a Workers’ Compensation system monitored and enforced by the Commonwealth of Massachusetts.
Any other workers who are not covered – as well as workers whose employers fail to get Workers’ Compensation insurance – should speak with a Lynn Workers’ Compensation lawyer about potentially suing for their injuries instead.
Call Our Workers’ Compensation Attorneys in Lynn Today
Our Lynn Workers’ Compensation attorneys seek to help injured workers and their families get the compensation they need after an injury. For help, call the Law Office of John J. Sheehan today at (617) 925-6407 to get a free case review.