Melrose, MA Workers’ Compensation Lawyer
Workers’ Compensation benefits provides very important benefits to injured employees. If you were hurt on the job, then these benefits may be awarded to reimburse you for your medical bills and lost income. Any injury that is suffered during the course of your employment should be covered.
Still, employers and insurers may be reluctant to pay claimants what they are owed. Legal support can be crucial when pursuing Workers’ Compensation benefits in your case. Our team can help protect your interests and negotiate for the full extent of payment available.
Seek support from our Workers’ Compensation lawyers by calling the Law Office of John J. Sheehan today at (617) 925-6407.
Workers’ Compensation Benefits You Can Recover in Melrose, MA
There are a range of different benefits that can be recovered after employees are hurt on the job. After reviewing the specifics of your case, our experienced Workers’ Compensation lawyers can identify which of the following may be sought:
Total Incapacity Benefits
According to Mass. Gen. Laws Ch. 152, § 34, you may be awarded “total incapacity benefits” if your on-the-job injury completely prevents you from performing any work. For instance, you may be awarded total incapacity benefits if you suffered broken bones and must remain in bed during your recovery. These benefits can be worth up to 60% of your average weekly wages and may be paid out for a maximum of three years.
Permanent and Total Incapacity Benefits
Mass. Gen. Laws Ch. 152, § 34A allows for Workers’ Compensation claimants to recover “permanent and total incapacity benefits.” Like total incapacity benefits, in order to qualify for these benefits, you must be entirely restricted from performing any work. Furthermore, the restriction must be permanent.
For example, you may obtain permanent and total incapacity benefits if you suffered spinal cord damage at work that caused you to incur complete paralysis. These benefits can be worth anywhere between 20% to 66% of your average income per week. Additionally, you can recover them for as long as you are hurt.
Partial Incapacity Benefits
Furthermore, partial incapacity benefits may be available under Mass. Gen. Laws Ch. 152, § 34A. These benefits should be awarded if you are partially restricted in the type and amount of work you may perform. For example, if you experienced a soft tissue injury on the job that prevents you from performing certain tasks, then you may obtain partial incapacity benefits. These benefits may be worth a maximum of 70% of your average weekly wages.
Specific Injury Benefits
Finally, there are specific injury benefits. These benefits are set forth by Mass. Gen. Laws Ch. 152, § 36. They may serve to compensate you for a workplace injury that causes disfigurement, scarring, or a restriction on your bodily functions. Typically, specific injury benefits are awarded as a one-time payment.
What to Do if Your Boss Does Not Carry Workers’ Compensation Insurance in Melrose, MA
Most employers in Massachusetts are required to carry Workers’ Compensation insurance coverage for their employees. If they do not purchase such coverage, then they may be subject to serious penalties.
If you are hurt on the job and find out that your employer does not carry Workers’ Compensation insurance, you should seek legal support immediately. There are other potential avenues for pursuing payment for your injury. Our attorneys are ready to assess your case and explain the appropriate course of action.
Proving that an Injury is Work-Related in Melrose, MA
Your employer and their insurer may attempt to deny your Workers’ Compensation claim by asserting that your injury is not work-related. Thankfully, there is a wide array of evidence that may be used to show that your injury occurred on the job.
Eyewitness Testimony
First, eyewitness testimony can be very valuable when proving that injuries are work related. For instance, a coworker who was at the scene of your workplace accident may be able to describe why the accident occurred and the harm it caused.
In the aftermath of your workplace accident, you should attempt to recover contact information from witnesses if you can.
Surveillance Recordings
Like eyewitness testimony, surveillance recordings can help demonstrate where, when, and why workplace accidents happened. For example, if you were hurt because of a construction accident, then footage from a nearby security camera may be used to prove that the accident caused your injury.
Parties in control of surveillance recordings may be hesitant to cooperate with Workers’ Compensation claimants. Therefore, help from our attorneys can be highly valuable when tracking down and recovering copies of important recordings in your case.
Expert Witness Testimony
Expert witnesses are deemed experts because they have completed the necessary education, training, and experience in their respective fields. They may be summoned to explain complex connections between your work duties and your injuries. For example, if you developed respiratory issues as a result of harmful chemical exposure at work, a toxicologist may be called on to explain the source of your injury. Our legal professionals can help find the right experts to support your claim.
Accident Reports
In some cases, accident reports are created after employees suffer workplace harm. For instance, after a machinery accident at a manufacturing facility, an accident report may be created the supervisor who was on the floor at the time.
Accident reports may include details pertaining to the time and location of accidents. Furthermore, they may even include notes from witnesses or conclusions about accidents’ causes.
Such a report may be very helpful when proving that you were injured because of an on-the-job accident. If one was created, our lawyers can help recover and review a copy of the relevant accident report in your case.
Victims’ Statements
Lastly, your own statement can be very helpful when proving that you were hurt on-the-job. By providing a personal account of your workplace accident, you can help our attorneys form a better picture of how the accident at issue unfolded. In turn, we may be able to uncover additional evidence in support of your claim.
If possible, you should attempt to write down or record a personal recollection of your workplace accident soon after its occurrence.
Call Our Law Firm for Assistance if You Were Hurt at Work in Melrose, MA
Get help from our experienced Workers’ Compensation attorneys at the Law Office of John J. Sheehan by calling (617) 925-6407.
