Milford, MA Workers’ Compensation Lawyer

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If an occupational injury has left you too hurt to work in Milford, you can get damages via a Workers’ Compensation claim.

Right after an accident at work, tell your employer. Go through your workplace’s procedures for accident reporting and call the police if necessary. Tell your boss that you cannot work because of your injuries. Do your best to preserve evidence at the scene by taking pictures of the area. We can then start identifying witnesses, like peers and experts, whose statements could solidify your case. The most important step is building medical evidence, which you can start doing immediately. Go to the emergency room if necessary and submit to any mandatory medical examinations required by your employer or their insurer. Having ample records detailing your injuries is the best way to strengthen your claim for Workers’ Compensation damages.

To get help with your case today, call (617) 925-6407 and speak with the Milford, MA Workers’ Compensation lawyers of the Law Office of John J. Sheehan.

How to Solidify Your Workers’ Compensation Case in Milford, MA

Solidifying your Workers’ Compensation claim is crucial, as minor weaknesses, inconsistencies across statements, or gaps in your medical treatment could undermine your case and leave you uncompensated for your lost wages and medical expenses in Milford.

Immediately Report Your Injuries

The first thing you should do to help your future claim is report your injuries to your employer. If an accident happens in the workplace and you get hurt, tell your manager or boss. Most workplaces have procedures to facilitate employee reporting for injuries and accidents. You should make a written report and ask for a copy of it. Our lawyers may need a copy of the report for our records when assisting with your claim. After you tell your employer about your injuries, they must inform their Workers’ Compensation carrier.

Not all occupational injuries come from one serious accident. Repeatedly using the same muscle groups while working over many years could cause repetitive motion injuries. For example, electricians might sustain muscle injuries in their hands due to the intricate electrical work they routinely perform.

In these instances, injured employees should inform their employers of the first sign of injury or notable discomfort in Milford. Do not try to push yourself physically at work if you are hurt, as doing so could worsen your injuries and complicate your claim. If your employer tries to offer you a different position to accommodate your injuries, do not accept it before speaking with our lawyers, as you could be entitled to considerable damages in a Workers’ Compensation case.

Preserve Evidence

Claimants need evidence in Workers’ Compensation claims. You should not expect a carrier to approve your claim otherwise. To preserve evidence, take pictures of the accident location or what caused your injuries. Sometimes, victims’ injuries are so great that preserving evidence themselves becomes difficult. For example, suppose you sustained crushing injuries because a vehicle toppled over on a construction site. In that case, police officers and first responders will process the scene and photograph relevant information. Victims should call law enforcement to report serious occupational accidents. If your employer tries to convince you otherwise, you do not have to listen to them.

If you know there are security cameras on your worksite, tell your employer you want copies of the footage. That way, there may be less chance of the footage getting destroyed. While your employer might be shielded from civil liability from workplace injuries because of Workers’ Compensation, their premiums might increase with each employee claim, meaning they have an incentive to stop claims before they begin.

Identify Witnesses

You can also solidify your claim by identifying witnesses early on. If your peers witnessed the accident firsthand, inform our lawyers. We may need to interview them for their statements, especially if your employer’s carrier attempts to refute your claim or questions the cause of your injuries.

Furthermore, identifying possible character witnesses and expert witnesses might be necessary. Of the few valid reasons to deny Workers’ Compensation claims in Massachusetts, intentionally causing one’s injuries through serious or willful misconduct is one of them, according to Mass. Gen. Laws Ch. 152, § 27.

If the carrier questions whether you intentionally injured yourself to collect Workers’ Compensation damages, we may get an expert to review evidence from the accident scene to determine its cause and use eyewitness and character witness statements to show you did not willfully hurt yourself.

Carefully Document Your Treatment

Your medical records will be some of the most important information you can provide during your Workers’ Compensation case in Milford. You can start documenting injuries immediately after sustaining them. Our lawyers can help you get and organize medical records from the emergency room and any other hospitals or practices where you have sought treatment.

Furthermore, be prepared to submit to a medical examination by a doctor of your employer’s or their insurer’s choice. This is allowed under Mass. Gen. Laws Ch. 152, § 45. During this medical examination, you can have your preferred doctor present as well. If you refuse this examination, you will suspend your right to recover Workers’ Compensation damages in Milford.

The purpose of this examination is to verify your injuries. Generally, if there is sufficient and compelling evidence of a victim’s injuries at the onset of a claim, the insurer might not require another medical examination. However, it is their right, so be prepared for this possibility.

Even after your Workers’ Compensation case gets approved, the insurer might require you to be evaluated by a vocational rehabilitation specialist to gauge your ability to return to work. This can happen only once every six months. Your employer’s carrier will notify you of this required evaluation. If you refuse, your Workers’ Compensation benefits will be suspended for that period.