Plymouth, MA Workers’ Compensation Lawyer
While some jobs come with certain safety risks, employers should ensure that the workplace is as safe and secure as possible to minimize risks. Even so, on-the-job injuries happen all the time, and injured workers can file for Workers’ Compensation.
Workers’ Compensation is a form of insurance that employers must carry to benefit injured workers. To be eligible for compensation, a worker’s injuries must have occurred while working, and they must be disabled for at least 5 working days. Potential benefits include compensation for medical costs to treat injuries and partial compensation for lost income. How long you may continue receiving benefits depends on the nature of your injuries. To submit a claim, you must first notify your employer of the accident. Then, you should contact an attorney. Remember, if you are eligible for Workers’ Compensation, you typically cannot sue your employer, barring special circumstances.
For help filing your claim, contact our Workers’ Compensation lawyers at the Law Office of John J. Sheehan and schedule a free review of your case by calling (617) 925-6407.
When Injured Employees Are Eligible for Workers’ Compensation in Plymouth, MA
Not all accidents or injuries qualify workers for Workers’ Compensation. Your case needs to meet a few criteria to be eligible for benefits. First, the accident must be work-related. Second, you must be unable to work for a certain period, usually 5 days.
What exactly is considered a work-related accident? This is hard to nail down, as whether an accident is work-related largely depends on the nature of the injured employee’s job. Generally, accidents that happen at your place of work while you are in furtherance of normal job duties should be sufficiently work-related.
There is a bit of a gray area where accidents occur while an employee is at their place of work, but the accident itself is not entirely related to their job. For example, accidents during a lunch break, while commuting to work, or when you are doing something unauthorized might not be sufficiently work-related.
Alternatively, some accidents happen outside the workplace but can still qualify an employee for compensation. For example, accidents while traveling can qualify for Workers’ Compensation if the claimant was traveling for work.
Next, the claimant must be disabled for at least 5 working days. These days do not need to be consecutive. Compensation generally begins from day 6, although you might recover benefits beginning from the first day of your injury under certain circumstances.
Possible Workers’ Compensation Benefits for Injured Employees in Plymouth, MA
Workers’ Compensation benefits may include payment for reasonably necessary medical costs and a portion of your lost earnings. Your precise amount of compensation depends on your injuries and how long you are unable to work.
There is no limit or cap on how much compensation is available for medical care. As long as your medical treatments were reasonably necessary for your recovery, they may be covered by Workers’ Compensation.
You might have trouble claiming certain medical costs if the insurance company believes they were not reasonably necessary. For example, cosmetic procedures to reduce or remove scarring might not be considered necessary to your recovery, and you might get some pushback if you try to claim the costs of those procedures. Even so, our Workers’ Compensation lawyers can help you argue that these procedures and others were important for your recovery and should be covered.
Your compensation should also cover a portion of lost wages. If you are totally incapacitated and unable to do any work while recovering, you may receive 60% of your gross average weekly income. Temporary total incapacity benefits may be paid out for up to 156 weeks.
Temporary partial incapacity benefits may be paid to those who are too badly injured to continue doing their normal job but can still work in a lesser capacity. These benefits may include 75% of the temporary total incapacity benefits mentioned above and may last up to 260 weeks.
Permanent benefits might apply in cases where an injured worker is permanently disabled and can never work again. These benefits include up to 66% of your gross average weekly income and may last indefinitely.
How to Submit a Workers’ Compensation Claim After an Accident in Plymouth, MA
Your first step should be to report the accident to your employer immediately. Ideally, it would be best to inform your boss about the accident and your injuries immediately. However, this is not always what happens, as people sometimes only realize the true extent of their injuries later.
As said before, your injuries must prevent you from working for at least 5 non-consecutive days to be eligible for Workers’ Compensation. If you have not yet reported your accident to your boss, you have no more than 7 days after your fifth day of disability to notify your boss and begin a claim. Even if you do not think your accident was that bad, you should still report it to your employer.
Your employer should report the accident to their insurance company. Once you become eligible for compensation, the insurance company should evaluate your claims and determine whether you can receive benefits. If your boss does not report the case to the insurance company, a lawyer can help you file a claim on your own.
Can I File for Workers’ Compensation and Sue My Employer After a Plymouth, MA Accident
Generally, lawsuits against employers are barred if the injured worker is eligible for Workers’ Compensation. There is no choice, and you cannot opt out of Workers’ Compensation. If it is available, Workers’ Compensation is the sole legal remedy. However, special circumstances might permit you to sue your employer or others, and you should discuss the matter with a lawyer.
Massachusetts’s Workers’ Compensation system prohibits injured workers from suing their employers. However, you might be able to sue other liable parties. For example, if you were hurt by a defective tool you use as part of your job, you can sue the manufacturer in a product liability lawsuit.
You might sue your employer if they do not have the insurance necessary for you to file a Workers’ Compensation claim. You can also sue your employer if they deliberately caused your accident, although proving such claims can be hard. If you are interested in a lawsuit, talk to a lawyer as soon as possible.
If You Were Hurt at Work, Call Our Plymouth, MA Workers’ Compensation Attorneys for Help Now
Speak to our Workers’ Compensation attorney at the Law Office of John J. Sheehan and set up a free evaluation of your case by calling (617) 925-6407.
