Employees deserve a safe work environment where their health and safety are not at risk. Unfortunately, not all employees have this kind of workplace, and accidents sometimes occur. If you are injured at work, report the accident to your boss and contact an attorney about a Workers’ Compensation claim.
You must be unable to work for at least 5 days before becoming eligible for Workers’ Compensation benefits on the 6th, but these days do not have to be consecutive. Potential benefits may include compensation for lost income, medical expenses, and special injuries, like permanent disabilities or disfigurement. To start your case, your employer should file a claim with their insurance company. If they do not, you may file the claim yourself, but you should ask an attorney for help. If your claim is denied, your attorney can help you file an appeal.
Call our Workers’ Compensation attorneys with the Law Office of John J. Sheehan at (617) 925-6407 for a free case evaluation.
When You May File a Workers’ Compensation Claim
Your attorney can help you determine if now is the right time to file a Workers’ Compensation claim. While a work-related accident is the first step in your claim, other factors may need to come together before you are eligible for benefits.
First, our Workers’ Compensation lawyers must make sure that your accident is sufficiently related to your job. Only work-related injuries are covered by Workers’ Compensation. If you were hurt outside of work, you must find other legal options to get fair compensation.
Next, simply being hurt on the job is not enough to file a claim if you want more than medical coverage. Your injuries must prevent you from working for more than 5 days for you to receive compensation for lost income. These days do not have to be consecutive and may be full or partial workdays. Once you hit the 5-day mark, talk to your employer and your attorney about filing a claim with your employer’s insurance. Compensation usually begins from the sixth day of missed work.
According to the Massachusetts Department of Industrial Accidents (DIA), your employer should send Form 101 – the document that notifies the insurance company of the claim – to their insurer within 7 days of your fifth day of missed work. If they do not send it within 30 days, you may have to notify the insurance company yourself.
Potential Workers’ Comp Benefits in Sharon
Workers’ Compensation benefits may help you in more ways than one. Not only can you claim a portion of your lost wages, but you can also claim compensation for medical expenses. If you experienced other specific injuries, you may receive additional compensation.
Lost Income
If you are totally incapacitated but only temporarily, you may recover lost wages equal to 60% of your average weekly wage for no longer than 156 weeks.
Suppose your injuries leave you permanently disabled and completely unable ever to work again. In that case, you may receive benefits equal to two-thirds of your average weekly wage for as long as your condition persists, possibly indefinitely.
If your injuries are temporary and you are still able to perform some work, but to a lesser extent than before, you may receive 60% of the difference between your average weekly wage from before your injury and your current average weekly wage. This compensation may be capped at 75% of what your total incapacity benefits would be.
You may receive this compensation for up to 260 weeks. However, this time may be extended to 520 weeks if the insurer agrees, or an administrative law judge determines that the employee has suffered permanent loss of at least 75% of any bodily function or senses, developed a life-threatening physical condition, or contracted a permanently disabling occupational disease that is physical.
If no such finding has been made, the number of weeks you may receive compensation for partial incapacity may not exceed 364.
Medical Bills
You might incur big medical expenses related to your injuries, and these costs may also be compensated. However, only the costs of reasonably necessary medical care may be covered by Workers’ Compensation.
Specific Injuries
Many workers experience other, specific injuries that may warrant additional compensation. Under Mass. Gen. Laws Ch. 152 § 36, you may receive compensation in addition to your lost wages and medical expenses for certain permanent injuries or disfigurements.
For example, if you lose an eye in a work-related accident, you may receive additional compensation worth your average weekly wage multiplied by 39.
How to Begin a Workers’ Compensation Claim
Starting a Workers’ Compensation claim requires coordination between you, your attorney, your employer, and your employer’s insurer. This can feel overwhelming, but making sure your claim is filed correctly is paramount to the success of your case.
Your first step is to report the accident to your boss. Sometimes, workers are hesitant to tell their employer about an on-the-job accident because they are afraid of being blamed for it. They would rather clean up the accident and not tell their boss out of fear of getting fired or reprimanded.
Always inform your employer of an accident and injuries immediately. Regardless of who is to blame, your employer needs to file certain documentation about the accident with their insurer. If you wait to report the accident, the insurance company might be skeptical of the claim.
Once you inform your boss of the accident, contact an attorney for help. Your attorney can review the situation and help you make sure that the paperwork is filed correctly and that you get the compensation to which you are entitled.
What to Do if Your Workers’ Compensation Claim is Denied
If the insurance company unfortunately denies your claim, there is still hope for you to receive compensation. Talk to your lawyer immediately about filing an appeal. If your appeal is successful, we may convince the insurance company to reverse its decision and compensate your injuries.
Save any communications you received from the insurance company. When they deny a claim, they must send a letter explaining why, along with information about how to file an appeal. This letter should clearly outline why the claim was denied and what steps we need to take to appeal the denial. If you did not receive such a letter or the letter did not explain why your claim was denied, tell your lawyer right away.
Speak to Our Sharon Workers’ Comp Attorneys for Help Today
Call our Workers’ Compensation attorneys with the Law Office of John J. Sheehan at (617) 925-6407 for a free case evaluation.