Newton, MA Workers’ Compensation Lawyer
If you were hurt on-the-job, then you may be entitled to Workers’ Compensation benefits. These benefits provide injured workers with payment for medical expenses and lost income related to their workplace injuries. Every employer in Massachusetts is required to carry these benefits for their employees.
You do not need to prove that another party is at-fault for your workplace injury in order to recover Workers’ Compensation benefits. Still, your employer’s insurer may look for any reason to deny your claim. Support from legal representation can be immensely valuable when fighting for the compensation you deserve.
After being hurt at work in Newton, MA, seek guidance from our Workers’ Compensation lawyers by calling the Law Office of John J. Sheehan at (617) 925-6407 to discuss your case for free.
What Workers’ Compensation Benefits Can You Recover in Massachusetts?
Many different types of Workers’ Compensation benefits may be available to victims of workplace accidents. While reviewing your case, our Workers’ Compensation lawyers can explain which of the following can be sought:
Total Incapacity Benefits
Total incapacity benefits are available under Mass. Gen. Laws Ch. 152, § 34. They may be recovered if your on-the-job illness or injury prevents you from tending to any work at all. The value of these benefits can reach up to 60% of your average weekly wages. You may continue to receive them for no longer than three years.
Permanent and Total Incapacity Benefits
Permanent and total capacity benefits are another type of benefits that may be available to injured employees according to Mass. Gen. Laws Ch. 152, § 34A. These benefits are awarded in cases where claimants are permanently restricted from holding any kind of job. They may compensate you for somewhere between 20% and 66% of your typical weekly wages. Further, they can be awarded for the duration of your injury or illness.
Partial Incapacity Benefits
Additionally, you may be able to recover partial incapacity benefits under Mass. Gen. Laws Ch. 152, § 34A. This type of benefits applies to cases where claimants are restricted in the type and amount of work they can perform. If you qualify for partial incapacity benefits, then you may recover compensation for a maximum of 70% of your average weekly wages. The team at our firm can help determine if you can obtain these benefits in your case.
Specific Injury Benefits
Finally, you may be able to acquire specific injury benefits under Mass. Gen. Laws Ch. 152, § 36. These benefits aim to compensate claimants for illnesses or injuries that produce disfigurement, scarring, or restriction of specific bodily functions. If your claim for specific injury benefits is successful, then you will be awarded a singular payment for the harm you endured.
Common Examples of Workplace Accidents that Occur in Newton, MA
Many types of on-the-job accidents can cause injuries to employees. If you suffered any one of the following types of workplace accidents, then you may be entitled to Workers’ Compensation benefits:
Slips and Fall Accidents
Slips and fall accidents are among the most common types of workplace accidents. They can occur because of wet or slippery floors, uneven surfaces, cluttered walkways, or inadequate lighting. These accidents often result in painful injuries such as sprains, fractures, head injuries, or back injuries.
Struck by Objects
Employees may be struck by objects falling from heights, moving machinery, or other sources within the workplace. These accidents can involve falling tools, equipment, or materials. Struck-by accidents can lead to severe injuries such as concussions, broken bones, or internal organ damage.
Machinery Accidents
Mishaps involving machinery can occur when employees operate or work near heavy equipment without proper training or safety precautions. This can result in crush injuries, amputations, or severe lacerations if body parts get caught in moving parts or between objects.
Repetitive Strain Injuries
Repetitive strain injuries can be caused by prolonged motions, awkward postures, or excessive force. Common examples of these injuries include carpal tunnel syndrome, tendonitis, and back neck pain. Repetitive stress injuries often occur in occupations that involve typing or frequent heavy lifting.
Vehicle Accidents
Employees who drive as part of their jobs are at risk of suffering vehicle accidents at work. These accidents can result in a wide array of injuries, including fractures, whiplash, head injuries, and even fatalities.
Burns and Chemical Exposure
Factory workers, construction workers, and others may be exposed to hazardous chemicals on the job. Also, they may suffer burn injuries because of fires, explosions, or contact with hot surfaces. Burns and injuries caused by chemical exposure may require costly medical treatment in order to heal properly.
What if Your Employer Does Not Carry Workers’ Compensation Insurance in Newton, MA
All employers in Massachusetts are required to carry Workers’ Compensation insurance for their employees. Unfortunately, some still fail to carry such coverage. They may do so out of a desire to save on costs or because they are simply negligent.
Thankfully, if you were hurt on the job and discovered that your employer does not carry Workers’ Compensation, then you may sue them for the damages you are owed. Our experienced legal team can review your case and explain the next steps you should take.
Why Are Workers’ Compensation Claims Denied in Newton, MA?
Unfortunately, employers and insurers may look for reasons deny Workers’ Compensation claims. The following are all examples of reasons why claims are denied in Newton:
Lack of Timely Reporting
Failing to report the work-related injury or illness within the required timeframe can lead to your claim’s denial. In Massachusetts, you must notify your employer of your on-the-job injury within 30 days of the date your accident occurred. Still, you should attempt to notify them as soon as possible.
Pre-Existing Condition or Aggravation
If the employer or insurer can demonstrate that the claimed injury or illness existed before the work-related incident or that it was merely an aggravation of a pre-existing condition, then your claim may be denied. However, the burden of proof lies on the employer or insurer to establish that the injury or illness is not solely work-related.
Violation of Employer Policies
Finally, your claim may be denied if your workplace injury or illness occurred because you violated your employer’s policies. For example, if you were injured because you were drunk at work, then you may be unable to recover Workers’ Compensation benefits.
If You Need to File a Workers’ Compensation Claim in Newton, MA, Our Law Firm Can Help
Get help from our experienced Workers’ Compensation attorneys by calling the Law Office of John J. Sheehan today at (617) 925-6407.
