Norwood, MA Workers’ Compensation Lawyer
We often associate on-the-job accidents with dangerous working conditions common in places like factories, construction jobs, or jobs involving heavy machinery. However, accidents can happen in any workplace, and a lawyer can work to get you compensation.
You may be eligible to file a Workers’ Compensation claim if you experienced a work-related injury and missed a certain amount of time from work due to your injuries. You might be ineligible if your injuries are unrelated to your job or you have not missed enough time from work. Benefits may cover various medical costs, a portion of lost income, and other compensation. You should hire an experienced attorney to help you, as they can help you prove your claims to the insurance company and help you file an appeal if your claim is denied.
Talk to our Workers’ Compensation lawyers at the Law Office of John J. Sheehan by calling (617) 925-6407 and get a confidential, free case evaluation.
How Do I Know if I Should File a Workers’ Compensation Claim in Norwood, MA?
Being injured and unable to work does not automatically make someone eligible for Workers’ Compensation benefits. You must meet certain criteria to receive benefits. First, the accidents must be sufficiently related to your job. Second, you must miss a certain amount of time from work because of your injuries. If either requirement is unfulfilled, our Workers’ Compensation lawyers can help you explore other legal options.
Work-Related Injuries
Your accident must be related to your job to make you eligible for Workers’ Compensation benefits. Even if you are unable to work because of a serious accident, if the accident is not connected to your job, you likely cannot file a Workers’ Compensation.
Sometimes, an accident is obviously related to the victim’s work. For example, a person might be injured at their place of work, during normal work hours, while performing their typical job duties. If this sounds like your situation, your accident may be considered sufficiently work-related.
Other accidents are clearly unrelated to the victim’s job. If you were injured in a car accident over the weekend and cannot come to work on Monday, your accident is not sufficiently work-related.
Some cases are less clear, and you should discuss your accident with an attorney. For example, what if you are injured in an airport while traveling for business? You are technically not in your normal place of work, and you might not even be considered “on the clock” by your boss. In some situations, being injured while traveling for work has been deemed sufficiently work-related, but you should still talk to a lawyer.
Days Missed From Work
The next thing you need to consider is the time you miss at work due to your injuries. In Massachusetts, a claimant must miss at least 5 full or partial days from work because of their injuries. These days do not necessarily have to be consecutive. You might miss 5 days in a single work week or miss 5 days over the course of a few months.
It is extremely important that you document each day you miss work. If you have to call out, inform your employer of the reason why. If you injured your ankle and have trouble walking sometimes, make sure your employer knows you are calling out because of your ankle that you injured in an on-the-job accident. Missing work for other reasons unrelated to the accident will not count toward satisfying this legal requirement.
Benefits Available in a Norwood, MA Workers’ Compensation Claim
Numerous benefits may be available through Workers’ Compensation. The nature of your benefits will vary based on your injuries, how much time you miss from work, and other aspects of your case. Talk to an attorney to understand what benefits you may be eligible for and how to make the most of your compensation.
Lost Income
Many injured workers are concerned about the income they will lose if they can no longer work for a short time, a long time, or indefinitely. Workers’ Compensation benefits in Massachusetts may make up for a portion of the income or wages you miss while you cannot work.
Temporary partial incapacity benefits may be available under Mass. Gen. Laws Ch 152 § 35 for those whose injuries are not permanent and inhibit them from working somewhat but not entirely. Claimants might be able to work reduced hours or in a lower-paying position. You may receive 75% of what your benefits would be if your injuries were temporary and total, as described below. You can receive these benefits for up to 260 weeks.
Temporary total benefits are for those whose injuries are not permanent and do not allow them to work. According to Mass. Gen. Laws Ch. 152 § 34, you may claim up to 60% of your gross average weekly income for no longer than 156 weeks.
Permanent and total incapacity benefits may be available under Mass. Gen. Laws Ch. 152 § 34A if your injuries are of a permanent nature and prevent you from doing any work. These benefits may last indefinitely and make up for two-thirds of your gross average weekly income.
Medical Expenses
You may also have many medical expenses paid for through Workers’ Compensation. Reasonably necessary medical treatment may be covered, and there is generally no explicitly stated limit on coverage. As long as your medical treatment is necessary for your recovery, it should be covered. Suppose the insurance company pushes back on your claims and argues that some of your treatment was not medically necessary. In that case, we can talk to your doctors and prove how all your treatment was necessary for your recovery.
Specific Injuries
Under Mass. Gen. Laws Ch. 152 § 36(1), compensation may be available for specific injuries. The total loss of one eye may be compensated by a sum equal to your average weekly wage multiplied by 39. The loss of both eyes should be multiplied by 96. If you suffer vision impairment that glasses or contacts may correct, compensation should equal your average weekly wage multiplied by 7.
Loss of hearing should also be compensated. If hearing is lost in one ear, the sum should be equal to your average weekly wage multiplied by 29. If hearing is lost in both ears, multiply by 77.
Amputations of the major arm, compensation should equal your average weekly wage multiplied by 43. Multiply by 39 for the amputation of a minor arm. For the loss of both arms, multiply by 96. If you lost a hand, multiply your average weekly wage by 34. If you lost only part of a hand, multiply by 29. For the loss of both hands, multiply by 77. For the amputation of a leg, multiply by 39. For both legs, multiply by 96. Multiply your average weekly wage by 29 for the loss of a foot and 68 for both feet.
Compensation for bodily disfigurement may vary based on the extent of the disfigurement and where it is located on your body. However, compensation for disfigurement may not be more than $15,000.
Reasons to Hire an Experienced Attorney for Your Workers’ Compensation Case in Norwood, MA
If you were injured at work and want to file a claim for Workers’ Compensation, hire an experienced lawyer first. While your employer should report your injuries to the insurance company, things do not always turn out this way. Employers might not submit your claim or keep accurate records of the accident and the time you missed work.
In such cases, a lawyer can help you assert your rights as an injured worker and demand the compensation you are entitled to. Your lawyer can also make sure the insurance company pays you the full extent of your benefits so you are not short-changed.
Contact Our Norwood, MA Workers’ Compensation Lawyers Now
Talk to our Workers’ Compensation lawyers at the Law Office of John J. Sheehan by calling (617) 925-6407 and ask for a private, free case evaluation.
