Workers may not know much about Workers’ Compensation claims at all before needing to pursue one. We help injured employees navigate the complicated Workers’ Compensation system and ultimately get the damages they deserve from their employers’ carriers.
The claims process cannot begin until you report the injury to your employer, so they can then report it to their carrier. We can immediately begin obtaining medical records, incident reports, witness statements, and any other supporting documentation for your claim. In addition to covering some of your lost wages, Workers’ Compensation should cover all medical damages you incur. Report all hospital expenses, physical therapy bills, prescription medication costs, and any other damages associated with a workplace injury.
Call the Workers’ Compensation lawyers of the Law Office of John J. Sheehan at (617) 925-6407 for a free case assessment.
How Do You File a Workers’ Comp Claim in Sudbury?
Your employer is the one who notifies their Workers’ Compensation carrier of your injury and initiates the claim. For that to happen, however, you have to inform your employer of a workplace injury.
In general, employees have seven days from the fifth day of disability to report work-related injuries to their employers. Ideally, you would report the injury even sooner, almost immediately after it occurs.
Your employer then has seven days to alert their carrier and the Department of Industrial Accidents (DIA) of the injury.
The carrier then has 14 days to approve or deny the claim. If the claim is approved, the carrier should start paying benefits. If the carrier fails to make payments on time, they may be required to pay a penalty. If the claim is denied, our lawyers can help you appeal with the DIA.
What Do You Need for a Workers’ Comp Claim in Massachusetts?
We can get what you need from a Workers’ Compensation claim, from medical records to witness statements.
Medical Records
Workers’ Compensation carriers require medical records to approve claims. Get treated as soon as you notice injuries. You may have to see one of your employer’s preferred healthcare providers for initial treatment, after which you can see physicians of your choosing, according to Mass. Gen. Laws Ch. 152, § 30.
Medical records help prove when and how you were injured, as well as the extent of an injury. Carriers might deny claims without enough supporting medical evidence, so make your physical recovery a top priority.
We can handle getting records from providers and sending them to Workers’ Compensation carriers for claimants.
Incident Reports
When bad workplace accidents happen, employers may complete internal incident reports. These reports may note other employees who witnessed the accident, the accident’s cause, and the accident’s fallout.
If police or other first responders arrive at the scene, our Workers’ Compensation lawyers can get any reports they completed as well.
Witness Statements
Point out any peers who were present during the workplace accident that injured you. We can reach out, interview them, and use their statements as supporting evidence. Witnesses can confirm you did not intentionally injure yourself, a common reason insurers cite for claim denials.
Income Records
We need income records to verify the benefits Workers’ Compensation intends to pay are accurate. Paychecks, tax returns, and other financial records are vital documents for any Workers’ Compensation claim, and our lawyers can help claimants organize them all.
How Much Are Lost-Wage Benefits from Workers’ Comp?
Your lost-wage benefits depend on the severity of your injury and your income before the accident. We can calculate what your exact benefit amount should be and ensure that it is what you receive from your employer’s carrier.
Temporary Total Incapacity
Temporary total incapacity is common after bad workplace accidents. We can see if you qualify for these benefits because of a workplace injury and calculate your likely benefit amount.
Lost-wage benefits for temporary total incapacity are 60% of your gross average weekly wage (AWW). These benefits last up to 156 weeks but may end sooner if you fully recover before then.
Partial Incapacity
Some workplace injuries limit an employee’s ability to work but do not completely prevent them from working. For partial incapacity, claimants can get 60% of their difference in their AWW before and after an accident but no more than 75% of what their temporary total incapacity benefits would be.
This can be confusing, so let us calculate and confirm your eligible benefits for partial incapacity following a workplace accident in Massachusetts.
Permanent and Total Incapacity
Permanent and total incapacity is when a claimant is never able to work again because of a job-related injury or illness. First, claimants exhaust their temporary total incapacity benefits. Then, they start receiving two-thirds of their AWW for the year preceding the accident.
You are also entitled to cost-of-living adjustments and should know your lost-wage payments may last indefinitely if you qualify for permanent and total incapacity.
Should Workers’ Comp Cover All My Medical Expenses from a Workplace Injury?
Workers’ Compensation only pays a portion of lost wages, but it should cover all reasonable medical damages from a workplace accident. Report all hospital expenses to us, and tell us about whatever long-term medical treatment you need.
Compensation for medical damages does not depend on the lost-wage benefits you get in Massachusetts. Even if you can return to work at a lower earning capacity, Workers’ Compensation should still cover any ongoing prescriptions or other medical expenses from a workplace injury.
Even if your medical damages are great because you suffered a serious injury, do not be concerned about the cost of treatment, as Workers’ Compensation should cover it entirely. Workers’ Compensation even pays additional amounts for specific injuries, and our lawyers can see if you qualify under § 36.
Call Our Workers’ Comp Lawyers in Sudbury Today
Call the Workers’ Compensation lawyers of the Law Office of John J. Sheehan at (617) 925-6407 for a free case review today.