Revere Workers’ Compensation Lawyer
Many workers are injured on the job each year in Revere. Injured workers may sustain extensive medical costs in addition to missing time at work. Accordingly, work-related injuries can be very disruptive to victims’ lives.
Workers’ Compensation exists to compensate employees for medical expenses and lost wages incurred because of work-related injuries. The process for recovering benefits through Workers’ Compensation claims can be complex. A Workers’ Compensation lawyer can help guide claimants through each stage of the process.
If you suffered a work-related injury in Revere, get help recovering the financial compensation available to you. Contact our experienced Workers’ Compensation lawyers for a free case evaluation by calling The Law Office of John J. Sheehan at (617) 925-6407.
How to Begin a Workers’ Compensation Claim in Revere
Starting a Workers’ Compensation case is not the easiest thing in the world. You might be badly hurt and in a lot of pain, and filling out insurance paperwork might not be the first thing on your mind. Fortunately, the first step to beginning a Workers’ Compensation claim is the responsibility of your employer.
According to Mass. Gen. Laws Ch. 152 § 6, your employer must file a notice of injury with the Department of Industrial Accidents (DIA), their insurer, and the injured employee. The notice must be filed within 7 calendar days of the accident. Your claim might not become eligible for compensation until you have missed at least 5 full or partial days of work. These days do not have to be consecutive.
You must see a doctor about your injuries. Not only is it good for your health and overall well-being, but it is required by law. According to § 45, if the insurance company requests, you must be evaluated by an impartial physician, and the reports from your evaluation must be furnished to the report to the DIA. If you refuse to be evaluated, you risk losing your right to claim compensation. If, for whatever reason, you do not believe the results of your medical exam are accurate, you may be examined again by a different doctor of your choosing.
Common Types of Work-Related Injuries in Revere
Workers in certain occupations can be more susceptible to suffering work-related injuries. For example, construction workers may suffer more injuries on the job than those who work in office buildings. However, many types of work-related injuries can occur in any field. The following are common types of work-related injuries that occur in Revere:
Carpal Tunnel Syndrome
Carpel tunnel syndrome is a very common type of work-related injury that occurs in Revere. It is a type of repetitive stress injury that causes numbness, tingling, in pain in the wrist and hand. Office workers who spend a lot of time typing are prone to suffering carpal tunnel syndrome. However, this injury can occur in any industry.
Those who suffer from carpal tunnel syndrome may have difficulty performing the same work they did before their injury developed. Our Workers’ Compensation lawyers can help injured workers recover for the multitude of damages stemming from carpal tunnel syndrome.
Neck and Back Injuries
Neck and back injuries are another common type of work-related injury that can happen to employees in any field. Such injuries can be produced by a wide range of causes. However, neck and back injuries are particularly common in occupations where employees have to handle heavy objects. Many injured workers incur extensive medical costs and are forced to miss work because of whiplash, herniated discs, and other types of neck and back injuries.
In more serious cases, injuries to the spinal cord can cause workers to suffer from immobility or even complete paralysis. Paralysis injuries may lead to high damages for past, current, and future medical care. Our Workers’ Compensation lawyers can help refer the right doctors to treat injured workers with spinal cord injuries.
Traumatic Brain Injuries
Traumatic brain injuries are also a common type of work-related injury suffered by employees in Revere. Such injuries often occur because of a blow to the head and are often caused by auto accidents. Therefore, traumatic brain injuries are particularly common among commercial vehicle drivers.
Concussions are a recurrent type of traumatic brain injury. However, such injuries can come in multiple forms. A multitude of severe symptoms can accompany traumatic brain injuries. Like paralysis injuries, medical treatment for traumatic brain injuries can last for the rest of a victim’s life.
Injuries Caused by Inhaling Toxic Fumes
Additionally, many work-related injuries in Revere are caused by the inhalation of toxic fumes. Workers in the manufacturing industry are susceptible to inhaling toxic fumes. Furthermore, exterminators and landscapers are also prone to handling chemicals that produce toxic fumes.
Toxic fumes can produce a wide range of injuries and illnesses. Such harm is often caused by a failure to use appropriate safety equipment. Our experienced Revere Workers’ Compensation lawyers can help injured workers recover compensation for illnesses caused by the inhalation of toxic fumes.
Lacerations
Lacerations refer to deep cuts or tears in the skin. Such injuries are another common type of work-related injury that occurs in Revere. These injuries can occur in nearly any occupation where sharp objects are involved. Knives, box cutters, exposed metal edges, and broken glass are common causes of on-the-job laceration injuries. Victims of work-related laceration injuries may also be entitled to financial compensation.
Tennis Elbow
Furthermore, tennis elbow is a common type of work-related injury suffered by workers in Revere. It is a very painful injury that occurs when tendons in a victim’s elbow are overloaded. Repetitive motions of the arm and wrist typically cause tennis elbow.
Tennis elbow is frequently incurred as a result of painting, welding, cutting, and operating tools. Many victims of such injuries will have difficulty returning to work. Our Workers’ Compensation lawyers can help recover benefits related to an injured worker’s tennis elbow.
Broken Bones
Broken bones are another common type of work-related injury in Revere. Such injuries are often caused by slips, trips, and falls. Accordingly, broken bones can be sustained by workers in nearly any industry. In more serious cases involving crush injuries and compound fractures, surgical treatment may be required. The medical expenses and lost income suffered by employees with broken bones can be immense.
Muscle Strains
Muscle strains are also a type of work-related injury that can occur in nearly any field. Muscles are usually strained by pulling, pushing, or lifting heavy objects. These injuries can occur in nearly any part of the body and may be very painful. Victims of muscle strains can be forced to miss significant time at work.
Hearing Loss Caused by Exposure to Loud Noise
Lastly, hearing loss caused by exposure to loud noise is another common type of work-related injury sustained by employees in Revere. Construction workers and factory workers are often victims of hearing loss. Such injuries can be permanent and often affect employees’ abilities to perform work in the future. Our experienced Revere Workers’ Compensation lawyers can offer guidance and support to injured workers with hearing loss caused by exposure to loud noise.
Available Workers’ Compensation Benefits for Eligible Employees in Revere
Workers’ Compensation may provide benefits for a wide variety of injuries and losses. Many claimants receive compensation for medical care, a portion of lost wages, and possibly other injuries. The extent of your benefits may be determined by the severity of your injuries, how long you are unable to work, and your average income from before the accident.
Medical Expenses
After a bad on-the-job accident, you likely need medical care. Anyone who has set foot in a doctor’s office can tell you how expensive medical care can be. If your injuries are severe, there is a strong chance your hospital bills are very high. Workers’ Compensation should cover all your reasonably necessary medical care costs. There is no limit on how much compensation a person may recover for medical costs. As long as your treatment is reasonably necessary to your recovery, it should be covered. Be sure to keep records of all your hospital visits, treatments, and costs so they can be fairly compensated.
Lost Income
Injured employees become eligible for Workers’ Compensation when they miss at least 5 full or partial days of work. While 5 days is the threshold, many injured employees are unable to work for a long time, and they may lose significant income when they need it the most. Fortunately, your Workers’ Compensation benefits may account for a portion of your lost earnings.
How much compensation you receive to cover lost income varies based on your average income, the degree of your inability to work, and how long you are unable to work. Benefits for temporary total incapacity benefits are described under Mass. Gen. Laws Ch. 152 § 34 and include up to 60% of your average weekly wage. These benefits may apply in cases where claimants are totally incapacitated but are expected to recover eventually. You may receive these benefits for up to 156 weeks.
Under § 34A, permanent and total incapacity benefits may be awarded if you cannot work at all and your disability is permanent. You may receive two-thirds of your average weekly wage as compensation, and these benefits may last for as long as necessary.
If your injuries leave you only partially unable to work, you may receive partial incapacity benefits according to § 35. First, we must determine the difference between your average weekly wage from before you were injured and your current income from working in a reduced capacity. Next, you may receive compensation covering 60% of this difference for up to 260 weeks.
Other Benefits
Some people experience injuries that do not necessarily impact their ability to work but are severe or take a permanent toll on their bodies. Under § 36, you may recover additional compensation for specific injuries that may include dismemberment, loss of vision, loss of hearing, significant disfigurement, and other painful injuries. Compensation will vary depending on the type of injury and is usually paid as a one-time lump sum.
Workers Eligible for Workers’ Compensation in Revere
Not everyone injured on the job may be eligible for Workers’ Compensation in Massachusetts. Only those covered by the legal definition of an employee may be eligible. Fortunately, this definition is quite broad, and many workers are covered. However, specific employees are excluded, and independent contractors tend to be ineligible.
Eligible Employees
The definition of an employee is described under Mass. Gen. Laws Ch. 152 § 1(4). Under the law, an employee may be anyone working in service of someone else under any contract of hire. The contract may be implied, express, written, or oral. This definition may encompass most workers, but specific workers may be excluded. For example, the law specifically states that seamen on ships engaged in foreign or interstate commerce are not considered to be within this definition of an employee. Various others are also excluded, and you should check with your attorney if you are unsure whether you are considered an employee.
Independent Contractors
Independent contractors are typically not considered employees, and they are often not covered by Workers’ Compensation unless they buy it for themselves. The difference between an independent contractor and an employee is not always clear. Some people believe they are an employee of another only to find later that their “boss” considers them an independent contractor.
What is an independent contractor? According to Ch. 149 § 148B(a), an independent contractor may be someone who is free from the direction and control of a supervisor or employer. They provide their services on their own terms and direction.
They also perform services outside the normal scope of business of the person they work for. For example, if you are a plumber and your boss runs a plumbing business, you are likely an employee. However, if you are a plumber and you install plumbing for a real estate company, you may be an independent contractor.
Finally, an independent contractor is someone customarily working in an established occupation, trade, business, or profession of the same nature as the services they provide. In short, this means that you are engaged in an established business of your own rather than the employ of someone else.
If You Suffered a Work-Related Injury, Our Revere Workers’ Compensation Lawyers Can Help
If you suffered a work-related injury in Revere, get a free initial case analysis from our experienced Workers’ Compensation lawyers by calling The Law Office of John J. Sheehan at (617) 925-6407.
