Wakefield Workers’ Compensation Lawyer
While some workplaces are inherently more dangerous than others, employees can sustain injuries and develop medical conditions in any workplace. When you suffer illness or injury while on the job, you are entitled to file claims through the workers’ compensation system. A Wakefield workers’ compensation lawyer can help guide you through the often lengthy and complicated process of obtaining workers’ compensation benefits.
Workers who attempt to handle workers’ compensation claims on their own may find themselves helpless against the aggressive tactics of a large insurance carrier. When you already are in a vulnerable condition due to your medical condition or injuries, you should not have to fight for the benefits that you deserve on your own. A detail-oriented Wakefield workers’ compensation attorney skilled in handling workers’ compensation cases may be able to represent your interests and help obtain all available benefits. Call (617) 925-6407 for a free case review with our attorneys.
On-the-Job Injuries in Wakefield, MA
All injuries that workers sustain while on the job qualify for workers’ compensation benefits. However, the workers need not be at the worksite for coverage for their injuries. For instance, if part of their responsibilities involves delivering products to various customers, a motor vehicle accident during a work-related delivery could make the workers eligible for benefits.
Workers’ compensation benefits are not only for employees who suffer injuries in a single traumatic accident. Some workers develop injuries over time doing repetitive lifting, bending and twisting at work that can result in a repetitive trauma injury involving various body parts including shoulder, neck and back and knees. Some workers may develop a disease due to exposure to chemicals or other hazardous substances in the workplace such as asbestos. If workers contract lung disease after breathing in chemicals in a factory for years, workers’ compensation benefits may apply. A Wakefield workers’ compensation lawyer may be able to help injured, or ill employees determine their eligibility for workers’ compensation benefits.
Types of Benefits Available Through Workers’ Compensation for Wakefield Workers
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 in Wakefield, MA
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.
Getting Workers’ Compensation Benefits for an Injury in Wakefield
The Massachusetts workers’ compensation system provides coverage for workers who have suffered injuries or contracted illnesses on the job, even if the injured worker was negligent in causing their own injury. All workers whose injuries or medical condition requires them to be off work for more than five days qualify for these benefits. Eligible workers can seek payment of their medical expenses and partial wage replacement from workers’ compensation.
However, the workers’ compensation insurance carrier may deny claims, offer to pay reduced claims, or otherwise try to minimize work-related illnesses or injuries. In this situation, employees do have the right to dispute the denied claim and fight for the benefits that they deserve. However, challenging the denials of claims may be more productive with the assistance of a Wakefield workers’ compensation lawyer.
Talk to a Wakefield Workers’ Compensation Attorney for Help
Factory explosions, construction site mishaps, and faulty work environments could merit a workers’ compensation claim. If employees experience a denial, reduction, or termination of their workers’ compensation benefits, a Wakefield workers’ compensation lawyer may be able to assist them. To get started on your case, call today to schedule a free consultation.
In engaging the services of a personal injury lawyer, you may wish to choose legal counsel who has familiarity with the workers’ compensation system and the handling of these claims. This step may allow you to mount the most productive workers’ compensation claim possible. Call for a free consultation at (617) 925-6407 to speak with our Wakefield personal injury lawyers.