Randolph, MA Workers’ Comp Lawyer
When injured on the job, employees in Randolph can seek compensation for their various damages by filing Workers’ Compensation claims with help from our attorneys.
In Massachusetts, Workers’ Compensation claims might be denied because an employee intentionally caused their injuries, accidentally left out certain medical information, or failed to provide all necessary details regarding the cause of their injuries. If your claim was denied in Randolph, our lawyers can help you appeal it by reviewing the insurer’s reason for your denial and collecting sufficient evidence to compel it to change its decision. Depending on the classification of your disability, your weekly Workers’ Compensation benefit amount may differ. Eligibility for benefits depends on whether or not you were injured because of an accident at work or because of your workplace responsibilities over time. Proving eligibility for benefits might require various pieces of evidence, such as your medical records and witness statements.
For help with your case from our Randolph, MA Workers’ Compensation lawyers, call the Law Office of John J. Sheehan at (617) 925-6407.
Reasons for Workers’ Comp Claim Denials in Randolph, MA
Workers’ Compensation claims might be denied for various reasons in Randolph, such as a lack of evidence or contradicting information. With our understanding of the common reasons for Workers’ Compensation claim denials, our lawyers can help you avoid such pitfalls with your case.
If you are a regular employee of a company in Massachusetts, your employer must have Workers’ Compensation. Such coverage can be your source of compensation following a workplace accident. That said, there are some reasons why Workers’ Compensation insurers might flat-out deny a claim. For example, according to Mass. Gen. Laws Ch. 152, § 27, a worker can be denied benefits if they were injured because of their own serious and willful misconduct. Employees might also be denied benefits if they had a pre-existing condition that would have made performing their job duties dangerous and chose to enter into employment anyway, according to Mass. Gen. Laws Ch. 152, § 27A. Our Workers’ Compensation lawyers can respond to such claim denials by submitting additional evidence of your medical records before a workplace accident showing you had no pre-existing conditions that would have put you at an increased risk of sustaining an occupational injury.
If your Workers’ Compensation claim was denied because of a lack of information, we can review the documents and records requested by your employer’s insurer and promptly respond. Appealing denials of benefits as soon as possible is crucial for injured workers in Randolph.
Calculating Your Weekly Workers’ Compensation Benefit Amount in Randolph, MA
Your weekly Workers’ Compensation benefit amount will depend on several factors. These include your average weekly wage (AWW) prior to sustaining a workplace injury, the severity of that injury, and how the injury will impact your ability to earn an income moving forward.
Temporary total incapacity benefits are for those who cannot work for at least five days because of an occupational illness or injury. The weekly benefit amount will be 60% of a worker’s average weekly wage for the year prior to sustaining an injury. These benefits can last for up to three years in Randolph. Injured workers eligible for permanent and total incapacity benefits will receive the same weekly benefit, but they will do so for however long their disability persists.
Partial incapacity benefits can equal 60% of the difference between a worker’s AWW prior to sustaining an injury and the wage they are capable of earning after sustaining an injury. Calculating partial incapacity benefits can be confusing, which is why our lawyers are prepared to handle this aspect of your Workers’ Compensation claim. It is important for all injured victims to be able to check an insurer’s settlement offer for accuracy and compliance with Massachusetts’ Workers’ Compensation laws.
In certain instances, injured workers might be eligible for additional benefits, on top of medical and death benefits. For example, according to Mass. Gen. Laws Ch. 152, § 28, compensation paid to victims may be doubled when employers act with serious or willful misconduct in causing employees’ injuries. We can assess your case to determine if such increases to your benefits apply.
Determining Your Eligibility for Workers’ Comp in Randolph, MA
Generally speaking, any injured sustained by an employee at work is eligible for Workers’ Compensation in Randolph. That said, proving eligibility for benefits is not always simple.
Remember, only occupational illness, injuries, and disabilities qualify employees for Workers’ Compensation in Massachusetts. If you were hurt on the way to work, your injuries will not be covered. Furthermore, if your injuries were intentionally inflicted, they will not be covered by Workers’ Compensation.
Common occupational injuries, like repetitive motion injuries, can be difficult to prove regarding eligibility for Workers’ Compensation, as they are caused by routine movement and not major accidents. That said, repetitive motion injuries are still eligible for Workers’ Compensation since they are sustained because of one’s workplace duties. To prove your eligibility for Workers’ Compensation in this type of case, our lawyers can establish your responsibilities in the workplace and present proof of your injuries showing that they were directly related to your job.
Proving your eligibility will require the support of your medical records. Because of this, it is crucial to get medical attention for any occupational injuries sustained in Randolph immediately after they occur. If you do not do this, it might be harder to establish that the cause of your injuries was work-related. Continue to get treatment for your injuries as long as you remain disabled and even after your Workers’ Compensation claim is approved so you can prove your continuing eligibility in the future if necessary.
Call Our Lawyers in Randolph, MA About Your Workers’ Comp Case
The Law Office of John J. Sheehan’s Workers’ Compensation lawyers can assess your case for free when you call (617) 925-6407 today.
