Saugus Workers’ Compensation Lawyer
Workers’ Compensation is insurance that offers benefits and medical care to workers who were injured on the job or became ill because of their job. This insurance is paid for by employers and does not require contribution from employees. These benefits are necessary to help injured workers recover from the serious harm caused by workplace injuries in Saugus.
However, the process for filing a Workers’ Compensation claim in Saugus can be difficult. Furthermore, insurance companies may attempt to decrease the value of a Workers’ Compensation claim. A Workers’ Compensation lawyer can help guide an injured worker through the process of filing a claim.
If you have been injured on the job or became ill because of your job, get help from our experienced Saugus Workers’ Compensation lawyers by calling The Law Office of John J. Sheehan at (617) 925-6407.
Workers’ Compensation Laws in Saugus
The Massachusetts Workers’ Compensation system is a no-fault, comprehensive program. Employers in Saugus are required to have insurance in place to cover medical expenses and lost wages for employees who were injured or developed a disabling condition. Any workplace injuries that require medical treatment or inhibit an employee’s ability to earn wages for at least six calendar days are covered.
Furthermore, the Massachusetts Department of Industrial Accidents (DIA) supervises the administration of Workers’ Compensation laws in Saugus. An experienced, Saugus Workers’ Compensation lawyer can appear before the DIA to deal with any disputes on behalf of a claimant if their Workers’ Compensation claim is rejected.
Benefits of Filing for Workers’ Compensation Claim Saugus
Workplace injuries can produce emotional distress, physical pain, and financial hardships for victims. Victims can incur extensive medical costs while being forced to miss time at work. Accordingly, the road to recovery for injured workers can be long and exhausting.
Workers’ Compensation insurance provides benefits for medical expenses and lost wages to workers that were injured on the job. The benefits received through Workers’ Compensation can help victims pay for proper medical treatment and regain financial stability while they are away from work.
Reporting a Work Injury in Saugus
The first step towards receiving Workers’ Compensation benefits in Saugus is reporting an injury to an employer. Any worker who is injured on the job should report their injury as soon as possible. Otherwise, the injured worker may fail to receive compensation. Claims can be denied merely because they were late. However, denied claims can be appealed. The process for appealing a denied claim can be assisted with the help of a Saugus Workers’ Compensation lawyer.
Additionally, workers who were injured on the job in Saugus may report an injury to their employer via oral or written notification. However, a written notification is preferable. Furthermore, some employers may require a written report. A written notification of a workplace injury provides proof that can be retrieved at a later date. A Saugus Workers’ Compensation lawyer can offer guidance to injured workers who require help reporting their injury.
When to File a Workers’ Compensation Claim in Saugus
Workers’ Compensation claims can help injured workers recover the benefits they deserve. Victims of workplace injuries should file a Workers’ Compensation claim in any of the following situations:
- You notified your employer of your injury, but your employer has failed to report your claim to your Workers’ Compensation insurance company.
- Your employer has reported your claim, but the Workers’ Compensation insurance company has denied your benefits or failed to respond.
- Your Workers’ Compensation insurance company approved your claim but has not provided the benefits you deserve.
Injured workers have four years from the date of their injury to file Workers’ Compensation claims. For work-related illnesses, victims will have four years from the date they learned their illness was work-related to file a claim. Our experienced Saugus Workers’ Compensation lawyers can provide guidance and support when filing a claim.
How Do I File a Workers’ Compensation Claim in Saugus?
Workers’ Compensation claims in Saugus must be filed with the Department of Industrial Accidents (DIA). Before filing your claim, you will need to gather information regarding the circumstances surrounding your injury. After gathering the required information, claimants will be able to file claims either by mail or in person. Our Saugus Workers’ Compensation lawyers can offer assistance to claimants throughout each stage of the following process:
There is a great deal of information claimants must gather regarding their injury. Before filing a Workers’ Compensation claim with the DIA, injured workers should know the following:
- The date of your work-related injury or illness
- The first calendar day of work missed because of your injury
- The fifth calendar day of work missed because of your injury
- Your Workers’ Compensation insurance company
- The affected body parts and types of injuries suffered
- What type of benefits is being sought
- How long you may miss work, if known
- The first doctor who treated you
- The doctor currently treating you
The aftermath of a workplace injury can be stressful. Accordingly, gathering the aforementioned evidence may be difficult in your case. Our experienced Saugus Workers’ Compensation lawyers can help collect the data required to support your claim.
Attaching Supporting Documents
You will also need to produce several supporting documents throughout the claims process. You must attach one of the following items to your claim when initially filing. However, you will be asked to produce all of the following documents at a later stage in the process:
- Medical records
- Unpaid medical bills
- Any reports detailing why how your accident happened
- Eyewitness names
- Eyewitness statements
Our team can also help claimants when gathering supporting documents for their Workers’ Compensation claim.
Filing by Mail
First, injured workers will have the option of filing their Workers’ Compensation claims with the DIA by mail. To file by mail, claimants must fill out three copies of the DIA Form 110 – “Employee Claim.”
When filing by mail, you must provide a copy to the DIA and your Workers’ Compensation carrier. Furthermore, you should keep the third copy for your personal records. The original copy of your Form 110 should be sent to the DIA.
Our Saugus Workers’ Compensation lawyers can help claimants fill out their required forms and make sure they are sent to the correct addresses.
Filing in Person
Additionally, claimants will have the opportunity to file their DIA Form 110 in person. You must submit the original, signed copy of the form along with supporting documents to the DIA office in Boston. Our lawyers can also provide support to injured workers when filing in person.
If your claim is rejected, the DIA will send everything back to you along with a rejection letter. The rejection letter should explain what information is missing or incorrect. Most claims are rejected by the DIA because they list the wrong insurance carrier, have not listed the types of benefits being sought, or do not note the 1st and 5th day of disability. Accordingly, the guidance of our experienced Saugus Workers’ Compensation lawyers can be highly beneficial when filing your claim.
If the information on your claim is correct, the DIA will send a notice to you, your Workers’ Compensation insurer, and your employer. This notice will include a time, date, and place to appear for a conciliation meeting. Not all parties are required to attend the meeting. It is typically attended by you, the insurer’s lawyer, and a conciliator from the DIA.
At the meeting, the conciliator will try to get parties to reach a voluntary agreement reconciling the issue at hand. If an agreement cannot be reached, the claim will be reviewed by an administrative judge. Conciliation meetings can be complex. It is highly recommended that you hire our Saugus Workers’ Compensation lawyers to represent your interests at conciliation. Our team can negotiate with insurers, so you receive the compensation you deserve.
Types of Benefits Available to Injured Workers in Saugus
Various types of benefits exist for employees who have been injured on the job in Saugus. The types of benefits awarded will typically depend on the extent of the injuries suffered by the victim. A Saugus Workers’ Compensation lawyer can help victims determine which benefits may be available in their case.
Temporary Partial Incapacity Benefits
Temporary partial incapacity benefits are available to workers who have been injured on the job and, as a result, are restricted in the amount or type of work they can perform on a short-term basis. Massachusetts law allows injured workers in Saugus to collect 75% of 60% of the wages they lost because of the workplace accident. These benefits are paid on a weekly basis.
Temporary Total Incapacity Benefits
Temporary total incapacity benefits are available to workers who cannot perform any work because of their workplace injury for some period of time. Injured workers in Saugus may retain 6% of their average weekly pay. Average weekly pay for injured workers is determined by averaging what the worker earned in the 52 weeks prior to their injury. Workers who have been injured on the job in Saugus can receive total disability benefits for up to three years.
Total and Permanent Incapacity Benefits
Massachusetts law allows for victims to workplace injuries in Saugus who are unable to work for an extended period of time to receive total and permanent disability benefits. Total and permanent disability benefits allow injured workers to receive up to 66% of their weekly pay as well as compensation for an increase in living expenses because of their injury. Furthermore, these types of benefits may be paid throughout the remainder of a worker’s life. A Saugus Workers’ Compensation lawyer can help victims determine if they are eligible for total and permanent disability benefits.
Disfigurement and Loss of Function Benefits/Permanent Partial Disability
People who were injured on the job in Saugus may also receive compensation if they became disfigured or experienced loss of function of a body part because of an injury. These benefits may cover injured workers for anything from scars to loss of function of arms, legs, eyes, or other body parts and usually result in a one-time payment.
Death benefits are available for surviving spouses and children of a worker who died because of a workplace injury or illness in Saugus. The amount available for recovery is 66% of a worker’s average weekly wage. However, there may be other benefits available for victims who have passed away such as funeral expenses and medical costs.
What isn’t Covered by Workers’ Compensation in Saugus?
Employees in Saugus should know that not all expenses stemming from their workplace injury will be covered by Workers’ Compensation. For instance, Workers’ Compensation will not allow injured workers in Saugus to recover for pain and suffering or loss of consortium. Depending on the circumstances of a case, lawsuits might be explored for damages not covered by Workers’ Compensation. Injured workers in Saugus should contact a Saugus Workers’ Compensation lawyer for further clarification on which damages will be covered in their case.
How to Appeal a Denied Workers’ Compensation Claim in Saugus
If an employee’s claim for Workers’ Compensation is denied in Saugus, they will receive a notice of denial from their insurance company. The notice of denial will outline the reasons for denying compensation. Some of the reasons may include improper filing of paperwork, lack of medical evidence, or failure to report on time, among other reasons. To file an appeal, employees must file a claim form along with evidence related to their compensation claim. The appeal process may be long and complicated. A Saugus Workers’ Compensation lawyer can help injured workers whose compensation claims have been denied by taking responsibility for their appeal.
What if My Employer Doesn’t Have Workers’ Compensation Insurance in Saugus?
Massachusetts employers are required to carry Workers’ Compensation insurance. Unfortunately, some employers do not adhere to this requirement. If you were injured on the job and your employer does not carry Workers’ Compensation insurance, you must file a claim with the Workers’ Compensation Trust Fund (WCTF). The WCTF is part of the DIA. Our Saugus Workers’ Compensation lawyers can offer help to injured workers when filing claims with the WCTF. You may also be entitled to sue.
If You Suffered a Workplace Injury in Saugus, Our Lawyers Can Help
If you have been injured on the job or became ill because of your job in Saugus, get help recovering the compensation you deserve by calling The Law Office of John J. Sheehan at (617) 925-6407.