Stoneham, MA Workers’ Compensation Lawyer
People get injured while doing their job every day. When that happens, assistance from programs like Workers’ Compensation can help injured people get the finances and care they need so that they can keep afloat when they are not working and avoid time-consuming and expensive lawsuits.
We know how Workers’ Compensation works inside and out. Let us handle all the complicated bits so that you can focus on recovering from your injuries and living your life.
The Law Office of John J. Sheehan’s Boston Workers’ Compensation lawyers can be reached at (617) 925-6407 for free case reviews.
Stoneham, MA Workers’ Compensation Explained
When people get injured at work, they can rely on Workers’ Compensation to financially assist them and provide the coverage needed to deal with expenses and continue to live their lives. Suing employers can be difficult and take time, leaving injured people without the assistance they need when they need it most. Workers’ Compensation lets employees get the financial assistance they need – when they need it most – without the hassle and cost of a lawsuit.
Benefits You Can Obtain from a Stoneham, MA Workers’ Compensation Claim
What benefits you get when you are awarded Workers’ Compensation will depend on the nature of your injuries. Massachusetts law breaks down the situations where you can get certain benefits. The law can be difficult to navigate, so our Workers’ Compensation lawyers can look at your case and advise you as to the specifics of your situation.
Permanent and Total Injury
If you are injured such that you will never be able to work again, your injuries are considered “permanent and total.” For example, if you become paralyzed from the neck down, that would be a permanent and total injury. Under Mass. Gen. Laws Ch. 152 § 34A, people who have permanent and total injuries are entitled to up to their maximum weekly pay, although usually, individuals get two-thirds of their weekly wage.
Temporary Total Benefits
“Temporary total” injuries prevent you from working altogether, but only for a limited period of time. For example, if you are injured at work and are confined to intensive care for months, that would be a temporary total injury because, although you will probably go back to work when recovered, you cannot do anything while you are recovering from your injuries. Pursuant to Ch. 152 § 34, people who have temporary total injuries are entitled to 60% of their average weekly wage for up to 156 weeks.
Specific Injury Benefits
You can also get benefits if you suffer permanent disfigurement, scarring, or permanent loss of the function of a body part at work pursuant to Ch. 152 § 36. These benefits are in addition to any benefits you get for either type of total disability or coverage for medical expenses. The exact compensation you get will depend on the type of injury you got. For example, if you lose the use of one eye, you get 39 times the average weekly wage in Massachusetts on the date of the injury. On the other hand, if you lose hearing in one or both ears, you would get 29 times or 77 times the average weekly wage at the time of injury, respectively. When you go over your case with us, we can determine what specific injuries – if any – you can get additional compensation for in your Workers’ Compensation claim.
Medical Expenses Benefits
Massachusetts also has Workers’ Compensation provide coverage for the cost of medical care for injuries sustained on the job. The coverage provided deals with “necessary” medical expenses. Of course, what qualifies as necessary is going to be different for each person, and parties may disagree on what care is needed for a particular situation, so our lawyers can work with you and your employer to ensure that you get the medical treatment and coverage you need to move forward.
Death Benefits
Sadly, many workplace accidents that cause serious injury can also lead to the death of victims of the accident. When that is the case, the law allows for surviving spouses of people who lose their life on the job to receive two thirds of your spouse’s average weekly wage so long as you remain dependent on that income and do not remarry pursuant to Mass. Gen. Laws Ch. 152 § 31. However, any dependent children of the deceased worker will still get payments of $60 per week if the surviving spouse remarries. You may also be able to get coverage for things like funeral and burial expenses.
What Makes a Successful Workers’ Compensation Claim in Stoneham, MA?
To have a solid Workers’ compensation claim, there are a few things you need to establish. First, you need to show that your employer provides Workers’ Compensation coverage. This is required by law in Massachusetts, so it is more a matter of tracking it down than proving it exists in the first place. Second, you must show that Workers’ Compensation applies to you. Generally, Workers’ Compensation applies to employees, but not independent contractors. However, Mass. Gen. Laws Ch 152 § 1(4) defines “employee” fairly broadly, so many workers who might be considered independent contractors for other purposes can still get coverage and should check with our lawyers about their specific case.
Finally, you need to show that your injury was work-related. You and your employer may disagree on this fact, but we can use the evidence you have to demonstrate that you were negligently hurt on the job and are entitled to compensation.
Talk to Our Workers’ Compensation Attorneys from Stoneham, MA Now
Call our workers’ compensation attorneys from the Law Office of John J. Sheehan by dialing (617) 925-6407 to get a free case review.