Taunton, MA Workers’ Compensation Lawyer

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If you get injured on the job, Workers’ Compensation benefits might be available to help cover your medical expenses and pay your wages while you are out of work. Our lawyers can help you apply for benefits and address challenges to recovering compensation in your claim.

Our team can help determine if you qualify for Workers’ Compensation benefits based on your type of employment. Most employees in Taunton are covered by their employer’s Workers’ Compensation insurance, but others, like independent contractors, must get their damages paid for in other ways, such as through a lawsuit. Our team can determine the best path forward after confirming your employment status. We will also assess your injuries fully so that we accurately determine the types of benefits you should qualify for based on the severity of your injuries and the time they keep you from working.

After getting injured on the job, contact our Workers’ Compensation attorneys at the Law Office of John J. Sheehan today by calling (617) 925-6407 and get your case reviewed free of charge.

Employees Who Can File for Workers’ Compensation After a Workplace Accident in Taunton, MA

Workers’ Compensation coverage is designed to help injured employees in Taunton and throughout Massachusetts by providing benefits for various damages, including lost wages and medical expenses. However, the title is a bit misleading because not every worker is covered after a workplace accident. Most workers will qualify for benefits, but other types of professions are specifically excluded from coverage. Our Workers’ Compensation lawyers can review your employment status to determine if you are eligible for benefits. If you are an excluded employee or an independent contractor, we can explore other options, like filing a lawsuit, to help get the compensation you need.

Eligible Employees

An “employee” is defined by Mass. Gen. Laws Ch. 152, § 1(4) as someone who is in another’s service under any type of “contract of hire.” A worker’s employment contract can be implied or expressly made in a written document or verbal agreement. Either way, it is considered a valid contract under the above statute.

This definition is purposefully broad so as to include most of the workers in the state who are employed in conventional jobs. Employees that meet this definition have a traditional relationship with their employer, who controls most aspects of their employment. Because of this, these employers are also responsible for providing Workers’ Compensation insurance to their employees.

Also, any special or reserve police officer working for a contractor to direct or manage traffic, or to serve similar functions on any road under construction, reconstruction, or other ongoing construction projects pursuant to a contract with a town or city municipality, the metropolitan district commission, or the MassDOT Highway Division will be regarded as an employee of that contractor while they are working and receiving wages for those services.

Students who take part in work-based experiences in “school-to-work programs” are also considered employees of these types of employers when they suffer injuries in the course of participating in the program and arising out of the work they were performing. In this context, a school-to-work program refers to workplace-based training and education programs aimed at improving the skills and knowledge of high school students by mixing academic and occupational education.

Part-time, seasonal, and casual domestic servants might also qualify for Workers’ Compensation but only if their employer elects to provide insurance, which is their decision to make. A domestic servant is considered a part-time employee if they work for less than 16 hours a week.

Sole proprietors and partnerships can also be considered employees to be eligible for benefits if they choose that option and purchase an insurance policy from a Workers’ Compensation carrier.

Ineligible Employees

Still, some employees are considered ineligible for benefits under § 1(4)(a)-(g) despite the fact that their employers exercise significant control over them, such as setting their schedule and having the right to fire the employee. The justification for excluding certain types of workers is that they typically receive benefits from another source, such as from the employer directly or the federal government.

For instance, sea vessel captains and maritime employees involved in interstate or international commerce do not qualify as eligible employees for state Workers’ Compensation benefits, as federal maritime Workers’ Compensation usually covers them.

People employed by organizations engaged in interstate or foreign commerce also cannot recover state benefits unless federal law does not provide compensation or take liability for the injuries involved.

Similarly, salespersons working with a real estate broker also fall outside the definition of covered employees if they have an agreement to only compensate them with commissions from the rental or sale of real estate.

Further, direct sellers of consumer products on a deposit-commission or buy-sell basis rather than in retail businesses are also not considered eligible employees if their pay is related to sales commissions rather than hours worked. However, there must also be a written contract that specifically states that the employer will not treat the seller as a worker for federal tax purposes, otherwise the seller might be eligible for benefits.

Professional athletes usually find themselves in the same situation, as their employment contracts often specify that their lost wages will be covered by the organization for injuries related to their job functions.

Additionally, taxicab drivers also do not fit within the category of covered employees, but only if the taxicab vehicle is leased for a rental fee from the cab owner under an independent contract and the driver is not considered an employee by the owner for the purposes of federal taxes.

Independent Contractors

Individuals who perform services that differ from those of the employer might be classified as “independent contractors,” as defined by Ch. 149, § 148B(a). If so, they are not considered to be employed by the employer but are more like a sole proprietor and will usually not qualify for Workers’ Compensation.

To be considered an independent contractor, a worker must be free from an employer’s direction and control over how they perform their job functions. Further, a worker’s services must differ from the usual type of business an employer engages in. Lastly, a person must customarily participate in an independently established business, trade, profession, or occupation that performs similar services as those the worker provides. If these three elements are met, the worker will generally not qualify for benefits.

Rideshare drivers working with Uber or Lyft are arguably the most common example of independent contractors. Uber and Lyft provide the technological services to put drivers on the road, but workers provide the actual transportation services. These companies also tend to exercise little to no control over when a driver works and where they must operate. Moreover, rideshare services are a well-established trade as taxi services have been around for decades. Commercial truck drivers and construction workers are other types of employees who might be independent.

If this describes your situation, you will need an alternative to Workers’ Compensation to cover your damages, which our team can help you explore. As mentioned, sole proprietors can option to purchase their own Workers’ Compensation coverage to ensure they are covered in the event of an accident. If you do not have a policy, you can usually file a lawsuit against the party who caused your injuries. Keep in mind that, unlike a Workers’ Compensation claim, you must prove liability in a lawsuit to cover your losses, so contact our team immediately to preserve evidence and interview witnesses.

Types of Workers’ Compensation Benefits that Employees Can Qualify for Taunton, MA

The kinds of benefits available from Workers’ Compensation depend on the types of injuries a worker sustained. Qualifying employees will typically get all adequate and reasonable medical expenses covered as long as treatment is deemed necessary. However, compensation for lost wages will differ for employees with temporary injuries or illnesses and those permanently injured in a work-related incident.

Workers will also be entitled to additional compensation for specific injuries, like scarring, disfigurement, and those resulting from the permanent loss of a bodily function. Our team can work with medical professionals to determine the extent of your injuries so that you and your family do not lose out on the compensation needed to get by while out of work.

Benefits for Permanent and Total Incapacity

An employee will qualify for these types of benefits if they are permanently and totally unable to perform any kind of work because of their work-related injuries or illnesses. In some cases, permanently injured workers will receive 66% of their gross average weekly wages, according to Ch. 152, § 34A. In general, an employee’s average weekly wages are calculated by assessing their earnings over the twelve calendar months immediately before the date they were injured and dividing it by 52, as per § 1(1). That number will then be multiplied by 0.66 to determine the exact amount of income they can recover.

Fortunately, the law does not bar workers who are permanently injured from receiving the maximum weekly compensation rate, which is 100% of their average weekly income. The minimum weekly compensation rate such employees can collect is 20% of the average weekly wages.

If you are eligible, you will receive compensation for the duration of the time you are out of work. You are also not required to exhaust any temporary benefits before applying for permanent compensation. Moreover, those who qualify for or are already receiving permanent and total incapacity benefits are also entitled to annual cost-of-living adjustments to keep up with inflation, according to § 34B.

Benefits for Temporary Total Incapacity

Some employees’ injuries are serious enough that they are totally prevented from working for six or more partial or full calendar days but are likely to return at some point in the future. Benefits for temporary total incapacity are set at 60% of your average weekly income but can be increased to the maximum average or your weekly wages at the time you were injured under § 34. However, workers are only entitled to these benefits for up to 156 weeks.

Benefits for Temporary Partial Incapacity

Perhaps you are still able to work, but your injuries or illness cause you to earn less, either because you are working fewer hours or took lower-paying employment. According to § 35, injured employees will be paid compensation equal to 60% of the difference between their average weekly income before the accident and the weekly wages that they are capable of earning with their injuries. However, the maximum amount of weekly compensation you can recover is 75% of the total temporary benefits you would be entitled to under the circumstances.

Workers can recover these benefits for up to 260 weeks, but insurers and administrative judges can choose to extend the time to up to 520 weeks in cases where employees developed permanent life-threatening conditions.

Benefits for Specific Injuries, Scarring, and Disfigurement

Workers who suffer specific injuries, like those to the eyes, their hearing, or amputations, can get additional benefits on top of those listed above, as per § 36. The amount of compensation depends on the location and severity of the injury or the function lost.

Specific injuries also include scarring and disfigurement, but they must be located on the hands, face, or neck. If you were scarred or disfigured in your accident, you can recover a one-time payment in addition to compensation for lost wages and medical costs.

Benefits for Medical Care

Medical benefits are paid for all reasonable and necessary medical care. This includes hospital treatment, doctor’s visits, prescription medications, assistive devices, and anything else needed to recover from your injuries. You can also get compensation for the mileage for traveling to and from medical appointments.

Benefits for Vocational Rehabilitation

These benefits are provided for reasonably necessary nonmedical services to restore an injured worker so that they can get suitable employment making pre-injury earnings or as close as possible. Vocational rehabilitation includes, but is not limited to, retraining, workplace modification, and training for another job.