Marshfield, MA Workers’ Compensation Lawyer
Navigating the Workers’ Compensation system is complex, and our lawyers can assist injured employees after workplace accidents in Marshfield throughout this process.
In Marshfield, workers who sustain specific injuries, like vision, hearing, or limb loss, can get special compensation in addition to damages for lost wages and medical costs. Our lawyers can review your medical records to confirm if you are eligible for specific injury benefits, which could increase your overall award. Regarding that award, workers should be wary of hastily accepting lump sum settlement offers and have our lawyers evaluate them to ensure they are fair. Lump sum settlements are paid at one time instead of across weekly payments. To get any compensation at all following a workplace accident, you must prove your injuries. Our lawyers can help you do this through detailed medical records, surveillance footage, and eyewitness statements.
Call (617) 925-6407 to discuss your case for free with the Marshfield, MA Workers’ Compensation lawyers at the Law Office of John J. Sheehan.
Getting Extra Compensation for Specific Workplace Injuries in Marshfield, MA
Massachusetts’ Workers’ Compensation system lets injured employees recover extra damages for certain permanent and traumatic injuries, such as total vision loss, hearing loss, loss of limb, and disfigurement, among others.
Workers who sustain any of the specific injuries listed in Mass. Gen. Laws Ch. 152, § 36 can get additional damages on top of compensation for missed income and medical expenses.
For example, for vision loss in one eye, claimants can receive a sum equal to 39 times the state average weekly wage (SAWW). For 2024, the SAWW in Massachusetts is $1,796.72. If a workplace injury causes total vision loss in both eyes, the claimant could receive additional damages equal to 96 times the current SAWW. This is the same multiplier applied to the SAWW when victims sustain serious amputation injuries at work, like the loss of both arms.
For bodily disfigurement, including scarring to the neck, face, or hands, injured employees can get extra compensation of up to $15,00, according to § 36(k).
Remember, compensation for specific workplace injuries is paid on top of your other benefits, such as those for lost wages and medical expenses. Workers who get specific injury benefits often qualify for permanent and total incapacity benefits, which could last for the rest of their lives. Injured workers unaware of their eligibility for specific injury benefits might not seek them during their claims and could risk missing out on considerable settlements following workplace accidents in Marshfield.
What to Know About Workers’ Compensation Lump Sum Settlements in Marshfield, MA
Initially, agreeing to a lump sum settlement right after a workplace accident might seem like the best way to address your damages in Marshfield quickly. While that is understandable, injured workers should let our lawyers review lump sum agreements before accepting them to ensure they are fair.
Massachusetts outlines Workers’ Compensation lump sum settlements in § 48 and explains that, though workers and insurers can reach agreements between themselves and with their counsel, lump sum settlements typically need to be approved by an administrative judge from the Department of Industrial Accidents (DIA).
Despite often needing DIA approval, lump sum settlements might not fully cover workers’ damages or follow benefit guidelines for Workers’ Compensation. Lump sum settlements are paid in place of weekly Workers’ Compensation benefits but do not always equate to the same amounts. Because of this, our Workers’ Compensation lawyers will calculate what your weekly benefits should be based on your injury and previous income and multiply that by the number of weeks you cannot return to work. We can then compare that amount to any lump sum settlement offers from your employer’s insurance carrier to determine whether it is in your best interest to accept that agreement or get weekly payments instead.
Massachusetts further protects employees who accept lump sum settlements by prohibiting employers from using such agreements to fire injured workers or prevent them from returning to work after they recover from workplace injuries.
Confirming Serious or Permanent Workplace Injuries in Marshfield, MA
Victims with permanent workplace injuries that leave them totally disabled must prove their injuries to Workers’ Compensation carriers. If their claims are denied, they could be without the vital financial support they need, especially if they cannot return to work.
Workers’ Compensation carriers might be more likely to find reasons to deny claims for permanent and total incapacity benefits in Marshfield, as these benefits can last for the remainder of claimants’ lives. Confirming your injuries requires medical records and witness statements, among other evidence.
Of the few reasons carriers can deny claims, not sustaining injuries at work or intentionally causing one’s injuries are often at the top of that list. Witness statements can confirm that you were hurt on the job, as can surveillance footage and photos from the accident. That same evidence can undermine assertions that you intentionally caused your injuries, strengthening your case in Marshfield.
We will also need medical records to show your injuries are permanent or long-lasting, so focus on this aspect of your case. Our attorneys can help you request records from hospitals and physicians as you get treatment and submit them as evidence to your employer’s Workers’ Compensation insurer. If the insurer requires further confirmation of your injuries, it can require you to submit to an exam by a physician of its choosing.
After Workers’ Compensation claims get approved, claimants should keep receiving medical care, whether they get approved for partial or permanent and total incapacity benefits. If the insurance company ever questions your continued eligibility, we must be able to provide updated medical records showing you still need benefits to compensate you for lost wages and medical expenses.
Call Our Lawyers in Marshfield, MA About Your Workplace Injury
Call (617) 925-6407 to get a free case assessment from the Workers’ Compensation lawyers at the Law Office of John J. Sheehan.
