If you were injured in an accident at work, you should get help from a Workers’ Compensation lawyer. Workers’ Compensation is often the only route available for recovery, given that you cannot sue your employer in most cases.
Benefits from Workers’ Compensation can pay for your medical expenses and cover replacement wages while you are unable to work. While there are certain limits you may face, these benefits can still make a huge difference in moving forward after a work accident.
For a free case evaluation, call the Workers’ Compensation attorneys at the Law Office of John J. Sheehan right away at (617) 925-6407.
What Do I Need a Workers’ Comp Lawyer for?
Many people think they can file a Workers’ Compensation claim with their employer and get it handled “the normal way” by waiting for review from the insurance company and having their claim accepted. The problem with this is that the insurance company and the employer are typically the ones to decide your case at first, meaning denials are incredibly likely.
You can appeal your case and take it before an administrative judge for multiple rounds of review and appeal the case even further, but this often requires a lawyer. There are intricate procedures and requirements every step of the way.
Our Workers’ Compensation lawyers can argue your case before the judge, gather the evidence you need, and fight to win your case.
What Workers Are Covered by Workers’ Comp?
Workers’ Compensation should cover nearly all employees in Massachusetts. We have some exceptions, such as interstate transportation workers and cabbies, but otherwise, coverage is very broad.
Aside from those limits, industry usually does not play a part. From construction workers to farmers to dentists to teachers, most “employees” should be covered.
The definition of “employee” is incredibly broad under Massachusetts law and actually brings in many part-time, seasonal, and self-employed workers. Even many people who think of themselves as “independent contractors” are still covered.
The core thing that would kick you off of coverage as a contractor would be if you control the time and manner of your own work, you work under a company name, and you perform different work from your employer (e.g., a trade they do not perform). This does carve some construction workers out of coverage, but not all “contractors.”
Do I Have Workers’ Comp?
Unless you are self-employed, it is likely your employer does have Workers’ compensation coverage for you. The requirement to have coverage is on the employer; employees do not pay into Workers’ Compensation.
If you are self-employed or work on the board/as an officer of a company, your company can often opt you into coverage as an “employee,” too.
If your employer does not have coverage for some reason, then you may still claim benefits. You would do so with the state’s fund for this purpose rather than having your employer pay directly. You may also be able to file a lawsuit instead.
Lawsuits vs. Workers’ Compensation
In a lawsuit, you file against an at-fault party to get compensation for an injury they caused you. In Workers’ Compensation claims, you file against your employer regardless of who caused the accident.
Who Pays?
This often allows you to get compensation for an accident you would not be able to sue for. For example, if you caused the accident, you can still often get Workers’ Compensation from your employer. If a coworker – who might not be able to afford your damages – injured you, then the employer still pays when you file a claim. Even if the person who caused your injuries was outside your business, your employer covers you.
The Role of Fault
Workers’ Compensation is essentially a no-fault system because it pays regardless of who caused the accident. Fault can come into play, however, if you are accused of causing your injuries on purpose. Coverage is not allowed for intentional injuries you caused yourself.
Damages
Lawsuits pay “damages” to compensate the victim for what happened, whereas Workers’ Compensation pays benefits to compensate you.
Benefits typically cover medical care needs and a portion of your lost wages. They do not pay pain and suffering, but they can cover “specific injuries” with additional compensation.
On the other hand, lawsuits pay you back for medical bills, lost wages, other economic damages, and pain and suffering. However, just because you file a Workers’ Compensation claim does not stop you from suing, when possible.
Can I Also Sue?
Lawsuits can be filed against third-party defendants – i.e., any at-fault parties who are not you or your employer. This means you can sue another company that produced dangerous tools or machinery you used at work, or even a driver who hit you while you were working.
Workers’ Compensation insurance carriers may get to file “subrogation claims” that let them get back the money they paid you if you later get reimbursed again through a lawsuit. Essentially, this process stops you from getting paid for the same harms twice.
In some cases, a lawsuit might be better than Workers’ Compensation, so you should always consult with a lawyer about your options.
Pay Rate for Workers’ Compensation in Swansea
When you get wage-loss benefits to cover your earnings while you are out of work, they do not pay 100%. The pay rate is different, depending on your level of incapacity/disability:
- Total incapacity – 60% of average wage
- Partial incapacity – 60% of difference in pay before and after injury (up to 75% of total incapacity rate)
- Permanent and total incapacity – 2/3 of average wage
- Specific injuries – the statewide average wage times a number set by statute for each injury
The amount of time you get each benefit also changes:
- Total incapacity – up to 156 weeks
- Partial incapacity – up to 260 weeks, though extensions for up to 364 or 520 weeks are possible
- Permanent and total incapacity – as long as your disability lasts
- Specific injuries – typically paid as a lump sum.
Call Our Workers’ Compensation Lawyers in Swansea Today
Call the Law Office of John J. Sheehan’s Workers’ Compensation lawyers at (617) 925-6407 for a free case review.