Needham, MA Workers’ Comp Lawyer
In the aftermath of on-the-job accidents in Needham, our lawyers can help injured employees recover the necessary damages via Workers’ Compensation claims.
Prioritize reporting a workplace incident to your boss immediately after it takes place. Then, get the necessary treatment for any injuries you sustained. Your employer’s Workers’ Compensation insurer might require you to see a doctor of their choosing at some point to confirm your injuries. Our lawyers can check your employer’s coverage to make sure they are compliant with Workers’ Compensation mandates. If the carrier denies your initial claim for benefits, we can help you appeal the decision through a claim with the Department of Industrial Accidents (DIA). We can also help you estimate your likely benefits for lost wages and medical treatment so that you know what to expect from a Workers’ Compensation claim.
For a free review of your case from our Needham, MA Workers’ Compensation lawyers, call the Law Office of John J. Sheehan at (617) 925-6407.
What to Do Before Initiating a Workers’ Comp Claim in Needham, MA
Employees can improve their chances of successful Workers’ Compensation claims by taking certain steps after a workplace accident in Needham. For example, you should report the accident right after it happens and get medical treatment for any injuries you sustained. Our lawyers can then check your employer’s coverage to see if they have Workers’ Compensation.
Report the Injury to Your Employer
Begin by reporting the injury to your employer. You should do this right after a workplace accident. If you are severely injured, you can go to the hospital first. However, as soon as you can tell your manager or employer about the accident and that you cannot return to work do so.
The same applies to latent injuries or those not caused by one accident. For example, repetitive motion injuries still qualify for Workers’ Compensation in most cases, but they happen over time. If you notice repetitive motion injuries, report them to your employer right away.
Get Treatment for Injuries
Then, turn your attention to getting the right care for workplace injuries. Workers’ Compensation insurance carriers or employers might require claimants to see a doctor of their choosing for a one-time visit to confirm their injuries. You can see whatever medical professionals you choose for your continuous medical care.
Having medical evidence is important for successful Workers’ Compensation claims in Needham. Insurers may be more likely to deny claims if claimants cannot confirm their injuries through medical documentation.
Continue to get the necessary treatment for injuries as you heal. Even after submitting your Workers’ Compensation claim, your employer’s insurer might request additional medical documentation. A lack of medical documentation is a common reason for issues with Workers’ Compensation claims.
Check Your Employer’s Coverage
All employers in Massachusetts are required to have Workers’ Compensation insurance. Unfortunately, some employers might ignore these mandates. If your employer does not have Workers’ Compensation, you might be eligible to recover damages through the Workers’ Compensation Trust Fund.
What to Expect During a Workers’ Compensation Claim in Needham, MA
Injured workers might struggle to navigate Workers’ Compensation claims, especially regarding settlements and other more complicated aspects of this process. If your employer’s carrier denies your initial claim, our attorneys can help you pursue recovery through a claim with the Department of Industrial Accidents.
Employers in Massachusetts are required to report workplace injuries to their insurers in a timely fashion. Insurance adjusters will then review the incident’s circumstances to approve or deny a claim. Workers’ Compensation carriers must decide claims within 14 days.
If the insurer denies this initial claim, our Workers’ Compensation lawyers can pursue an appeal by filing a claim with the Department of Industrial Accidents. To do so, you must complete Form 110, Employee’s Claim and attach copies of relevant medical bills, medical reports, accident reports, and witness statements. You must also provide information about the date you stopped working, your injuries, your anticipated physical recovery, and your physicians.
Suppose the DIA agrees that your claim deserves a second look. In that case, the DIA will require a conciliation meeting between you, your employer’s insurer, and a conciliator from the DIA to discuss your claim. If both sides cannot settle the matter, we can continue to appeal your claim so that you recover the appropriate damages.
Calculating Your Workers’ Compensation Benefits in Needham, MA
Workers’ Compensation benefit amounts are specific to individual workers. We can calculate your likely benefit amount so that you can anticipate your recovery.
We will refer to your injuries and average weekly wage (AWW) from before the accident to calculate your lost-wage benefits. For example, if you qualify for temporary total incapacity benefits, your benefits will be 60% of your gross AWW and will last 156 at most unless you qualify for an extension. Your lost-wage benefits cannot exceed Massachusetts’s state average weekly wage (SAWW), which is $1,796.72 in 2024.
Partial incapacity lost-wage benefits are reserved for people who have lost part of their earning capacity because of a workplace accident. Because of this, partial incapacity benefits are typically less than temporary total incapacity benefits, but they can last for 260 weeks.
Permanent incapacity benefits are lost-wage benefits for people with injuries that make working impossible. In this situation, your benefit would be two-thirds of your AWW for the year leading up to the injury. The minimum permanent incapacity benefit is 20% of the SAWW, and the maximum is the SAWW. These benefits can also last for as long as a person’s disability does.
If you sustain an injury that prevents you from working, it most likely results in substantial medical expenses as well. In Massachusetts, Workers’ Compensation covers expenses related to reasonable medical care for a workplace injury. For example, if you need physical therapy during your recovery, Workers’ Compensation medical benefits should cover such costs.
Call Our Needham, MA Lawyers About Your Workers’ Comp Claim Now
The Law Office of John J. Sheehan can review your case for free when you call our Workers’ Compensation lawyers today at (617) 925-6407.
