If you are hurt on the job, you may be entitled to workers’ compensation benefits. These benefits can include medical care and partial wage replacement while you are off work due to your injuries. Workers’ compensation benefits in Wakefield can be essential to your ability to support yourself and your family when you are trying to recover from work-related injuries.
State law requires employers to carry workers’ compensation insurance for their workers. In exchange for these benefits, you may not bring a lawsuit against your employer for any injuries that you suffered on the job. A seasoned workers’ compensation lawyer could help advise you of your rights and the procedures for obtaining these crucial benefits.
Types of Benefits Available Through Workers’ Compensation
The state workers’ compensation program provides various benefits for ill or injured workers. These benefits may include:
- Medical treatment reasonably related to the injuries or illnesses at issue
- Partial wage replacement, or a specific percentage of their earned income
- Continuing benefit payments or a lump sum settlement for permanent disabilities stemming from work-related injuries
- Vocational rehabilitation costs if able to perform the duties of another occupation with retraining and a return to the old occupation is not an option
These are the standard benefits under workers’ compensation in Wakefield that injured or ill workers can expect to receive, depending on their circumstances. Obtaining these benefits can be critical to the ability of employees to have financial support during their recovery periods.
Qualifications for Receiving Workers’ Comp Benefits
Any injuries or illnesses that workers sustain while they are working generally qualify them to receive workers’ compensation benefits. Compensable injuries include injuries that do not occur at the workplace as long as the injured worker was acting in the scope and course of their employment at the time of the work injury. For example, an employee who drives or makes deliveries to various sites and suffers injuries while doing so has coverage under the workers’ compensation program.
The only restriction to this general rule is that employees must be actively on the clock and working when they sustain the injuries. If injuries occur during lunch breaks while commuting to and from work, or while off work for a vacation, sick or personal day, worker’ compensation benefits are not available. However, there are many exceptions and an injured worker could be eligible for workers’ compensation benefits. It is best to consult with a skilled attorney to see if you qualify for worker’ comp.
Both injuries and illnesses related to the workplace can result in a workers’ compensation benefits award. Some factories may use chemicals or substances that lead to specific cancers or medical conditions. When this situation occurs, ill workers may be entitled to Wakefield workers’ compensation benefits
Negligence, Fault, and Worker’s Compensation Benefits
In traditional personal injury claims, injury victims must often prove some negligence or fault on the part of the other parties to obtain compensation for their injuries. They must show evidence that places the other parties at fault for the accident or condition that led to their injuries. However, for workplace injury cases, fault is not a consideration.
Injured or ill employees have coverage regardless of the level of fault the employer bears, if any, for their injuries. Injured workers need not show any evidence of fault to qualify for benefits. The only restriction is that their injuries must occur while they are working and must cause them to be off work for more than five days.
Despite these simple qualifying factors, workers often may face a denial of benefits or receive an offer for severely reduced benefits from the insurance company. For this reason, employees do have the right to challenge denials and other adverse decisions by insurance companies. Legal counsel may be able to advise employees about their rights and responsibilities when disputing workers’ compensation claims.
Understanding Wakefield Benefits for Workers’ Compensation
Workers’ compensation benefits in Wakefield may be available for various work-related injuries and illnesses, including accidental injuries, cancers, hearing losses, and eye injuries. When work duties lead to these injuries or illnesses, you may be entitled to file a claim for benefits.
Strict time limits apply to reporting illnesses or injuries to your employer, as well as the responsibilities of the employer and insurance company in reviewing your claim. Having legal representation throughout the workers’ compensation claims process can be essential to a successful claim.