Almost any job has certain safety risks, and workers sometimes get hurt. If you were injured in a work-related accident, you might not be able to return to your job for some time, and you could lose significant income while recovering from your injuries. To continue supporting yourself during this difficult time, our legal team can help you file a Workers’ Compensation claim.
You may receive benefits covering a portion of your lost income, your medical expenses, and certain special injuries if they exist. Many of these benefits may be substantial and helpful, but they may also be temporary, and you should talk to your lawyer about how long you can expect to receive benefits. To start your claim, you must first report the accident to your employer so they can start the claim with their insurer. Get immediate medical attention, as your records may be needed to prove your injuries.
Call the Law Office of John J. Sheehan at (617) 925-6407 and ask our Workers’ Compensation lawyers for a free case review to begin.
Workers’ Compensation Benefits for Lost Earnings
Perhaps the most prominent concern among injured workers is how to make up for the income they will lose while they cannot work. Fortunately, your Workers’ Compensation claim may provide you with some of the earnings you would otherwise miss out on.
Temporary Partial Incapacity
Injuries may vary in their severity and how they affect workers. Some can continue working despite their injuries, albeit in a reduced capacity. For example, you might have to work fewer hours or perform different, less strenuous work.
If you are only partially incapacitated, you may receive compensation worth 60% of the difference between your new average weekly wage and the average wage you were earning prior to the accident. These are capped at 75% of your temporary total rate. According to Mass. Gen. Laws Ch. 152 § 35, you may receive these benefits for up to 260 weeks, or more with certain findings.
Temporary Total Incapacity
In more severe cases, an injured worker might be totally incapacitated and unable to return to their job or perform any other work. However, their injuries may also be expected to recover, allowing them to return to their job someday.
According to § 34, such cases may be met with compensation worth 60% of your average weekly wage. Such benefits may last for no longer than 156 weeks.
Total Permanent Incapacity
Some workers are unfortunate enough to be totally and permanently disabled because of their injuries. Not only can they not return to work, but they may never be able to return to employment in any capacity.
According to § 34A, someone who is totally and permanently incapacitated may receive benefits worth two-thirds of their average weekly income. Additionally, these benefits may last for as long as necessary, even indefinitely in some cases.
Other Workers’ Comp Benefits in Somerset
Lost income is not the only financial challenge facing injured workers. You might also be dealing with expensive medical bills and deeply painful injuries that leave your body permanently altered. Before filing your claim, talk to your lawyer about these possible benefits so you get all the compensation you need.
Medical Costs
Workers’ Compensation benefits should help you cover your medical costs. However, not all possible medical procedures are compensated. Only those reasonably necessary for your recovery may be covered by Workers’ Compensation.
As such, it is essential that our Workers’ Compensation lawyers have the details of your treatment from your doctor. If the insurance company pushes back on your claim, your doctor can attest to how your treatment was necessary and should be covered.
Specific Injuries
The law under § 36 describes specific injuries that may warrant additional compensation. Generally, permanent injuries affecting body parts, vision, hearing, and other bodily functions may be met with financial compensation on top of benefits for medical expenses and lost wages.
For example, if you lose a leg in a work accident, you may receive compensation worth your average weekly wage multiplied by 39. If you lose both legs, the multiplier is 96.
How to Start Your Workers’ Compensation Claim in Somerset
Starting your Workers’ Compensation claim happens faster than you might realize. You or perhaps a coworker should report the accident almost immediately after it happens. While you should focus on getting medical attention, you should also prioritize informing your employer so they can begin the paperwork with their insurer.
It is essential to seek medical care immediately. Your doctor’s diagnosis and prognosis may be crucial elements in your case. If the insurance company denies your claim, we can present them with information from your doctor about your condition to prove that you are unable to work.
Can I Sue if I File a Workers’ Comp Claim in Somerset?
After being injured, victims normally have several legal options to choose from, possibly including a personal injury lawsuit. However, the rules are different in Workers’ Compensation cases.
Generally, under Mass. Gen. Laws Ch. 152 § 24 states that employees are held to have waived their right to legal action under the law if they are covered by Workers’ Compensation. This means that employees typically cannot file personal injury cases against their employers for work-related accidents. However, you may file a lawsuit under special circumstances.
If your employer does not have the necessary insurance to provide Workers’ Compensation coverage, you may take other legal action against them. Not only that, but you can sue an employer even if they have the necessary insurance if you believe they deliberately caused the accident or allowed it to happen.
How Soon Can I File a Workers’ Comp Claim?
After an injury, you should notify your employer right away. But you might not be eligible for Workers’ Compensation benefits. Typically, an injured employee must miss 5 full or partial work days, and they become eligible on their 6th missed day of work.
The 5-day rule does not require that your missed workdays be consecutive. They may happen in any order over an extended period. As such, precisely when you become eligible will depend on when you miss your fifth day of work. This could be days, weeks, or even months after the initial accident.
Contact Our Somerset Workers’ Comp Lawyers for Legal Help Today
Call the Law Office of John J. Sheehan at (617) 925-6407 and ask our Workers’ Compensation lawyers for a free case review to begin.