Methuen Workers’ Compensation Lawyer
Getting injured at work can place a serious strain on you and your family’s economic well-being. During your recovery, medical bills can pile up while you are unable to work and earn income. Furthermore, your costly medical treatment may be needed for the foreseeable future.
Fortunately, Workers’ Compensation benefits can provide you with crucial support during your period of hardship. Our experienced lawyers can ensure you recover the full range of payment available in your case.
Connect with our Workers’ Compensation lawyers at the Law Office of John J. Sheehan today by calling (617) 925-6407.
Can You Recover Workers’ Compensation in Methuen if Your Injury Was Your Fault?
Fault is generally not an issue in Workers’ Compensation claims. You will likely be able to pursue payment for your on-the-job injuries regardless of who caused them.
However, there are still some instances will benefit may be withheld. For example, you may not be able to recover damages if you were intoxicated when your accident occurred or if you hurt yourself intentionally. Furthermore, your boss’s insurer may complicate the settlement process if you were hurt by someone who was mad at you for personal reasons.
Do You Have to Be Treated by Your Employer’s Physician After Your Workplace Accident in Methuen?
After sustaining a workplace injury in Massachusetts, you will have to seek treatment from a list of at minimum of 6 physicians chosen by your employer for your first 90 days of medical care. Your boss is not permitted to make the decision for you. Furthermore, if your boss does not have a list of doctors available during this period, you can choose your own.
Once 90 days have passed since you suffered your on-the-job injury, you can seek treatment from your own doctor.
While you are permitted to see your own doctor after 90 days, your employer may still request that you visit an independent medical examiner or IME. These examiners are technically supposed to remain impartial, but they often say what your boss’s insurance company wants them to.
Benefits Available to Injured Employees in Methuen
After sustaining an on-the-job injury, you can pursue multiple different categories of Workers’ Compensation benefits. Typically, the amount of payment you are awarded is established by the severity of the harm you suffered.
If your work-related injury prevents you from doing any type of work whatsoever, then you may be able to recover “total incapacity benefits.” These benefits are outlined by Mass. Gen. Laws Ch. 152, § 34. These benefits are worth a maximum of 60% of your weekly wage and can be issued for no longer than 3 years.
Furthermore, if your workplace accident caused an injury that permanently restricts you from performing any work in the future, you may be able to acquire “permanent and total incapacity benefits.” These benefits are set forth by Mass. Gen. Laws Ch. 152, § 34A and may reimburse you for 20% to 66% of your weekly income. You may receive these payments for the entire length of time that you are hurt.
Another type of benefits that may be awarded are “partial incapacity benefits.” These benefits are established by Mass. Gen. Laws Ch. 152, § 35 and are worth a maximum of 70% of your weekly wages. These benefits are assigned to workers who are restricted in the type or amount of labor that they may perform.
Finally, as supported by Mass. Gen. Laws Ch. 152, § 36, you can pursue payment for specific injuries that were suffered at work. For example, you may claim these benefits if your on-the-job accident caused substantial scarring or if it inhibited the use of specific bodily functions. Instead of being paid out over time, such benefits are awarded as single payments. The amount of payment you receive for your specific injury depends on the type of harm you incurred.
What Happens After You Report Your Workplace Injury to Your Employer in Methuen?
One of the first steps you should take after suffering an on-the-job injury is to report the incident to your boss. Afterwards, your employer should file a “first report of injury” with their Workers’ Compensation insurance company. The insurer will then have a certain length of time to either approve or deny benefits in your case.
If your Workers’ Compensation claim is rejected by your employer’s insurance company, then you have the right to file a claim with the Department of Industrial Accidents, triggering the dispute resolution process. The process for overturning a denied claim can be very complicated.
Where Do You Find Your Employer’s Workers’ Compensation Insurer in Methuen?
In some cases, injured employees can have trouble figuring out who their bosses’ Workers’ Compensation insurers are. However, Massachusetts law mandates that employers have to display posters with this information at their workplaces. If you cannot find such a poster at your workplace, directly ask your boss who they are insured by.
Additionally, the Department of Industrial Accidents has created an online resource referred to as the “Workers’ Compensation Proof of Coverage and Verification Search.” This tool allows Massachusetts employees to verify their employers’ coverage.
What Happens When Your Employer’s Doctor and Your Doctor Disagree About Your Work-Related Injury?
If your employer’s doctor says you cannot return to work, but your personal physician disagrees, you can make your own decision regarding whether to return to your job. However, if you decide to remain away from work, then your boss’s insurer will likely attempt to terminate your Workers’ Compensation benefits, causing you to file a claim with the Department of Industrial Accidents.
Victims of On-the-Job Accidents in Methuen Can Call Our Attorneys for Support
If you were hurt at work, seek support and guidance from our experienced Workers’ Compensation lawyers at the Law Office of John J. Sheehan by dialing (617) 925-6407 for a free review of your claim.
