Walpole, MA Workers’ Compensation Lawyer
In response to a workplace accident in Walpole, injured employees can pursue Workers’ Compensation claims with help from our experienced attorneys.
Workers’ Compensation can cover losses from reasonable medical expenses due to a workplace incident and some of your lost wages. Your weekly lost-wage benefit will depend on various factors, such as your injury’s classification and income before the accident. Workers’ Compensation covers most occupational illnesses and injuries. To confirm your injuries, get medical attention after the accident. Your employer’s insurer might require additional medical examinations before approving your claim. If your employer caused your injuries through willful or serious misconduct, the compensation paid to you may double. If your claim gets rejected initially, we can review the denial and help you start preparing your appeal.
Call us today at (617) 925-6407 for a free case assessment from the Law Office of John J. Sheehan’s Walpole, MA Workers’ Compensation lawyers.
What to Know About Workers’ Compensation in Walpole, MA
There is much to know about Workers’ Compensation that might be unknown to injured workers. Starting with your losses, our lawyers can explain which are covered and if you qualify for benefits based on your injury or condition. We can prepare you for possible mandated medical examinations or work on an appeal if your initial claim was recently denied.
Covered Losses
Workers’ Compensation only covers certain losses due to a workplace accident. The most notable are victims’ lost wages. The percentage of lost wages you recover will depend on the classification of your injury or disability. For example, if you qualify for total incapacity benefits, you could get 60% of your average weekly wage before the injury, according to Mass. Gen. Laws Ch. 152, § 34.
Workers’ Compensation should also cover all reasonable medical expenses due to the workplace injury in question. This varies from case to case but might include costs from emergency medical treatment, surgeries, prescription medications, physical therapy, or other specialized care. To get medical expenses reimbursed and future costs covered, give our Workers’ Compensation lawyers copies of all records from throughout your treatment. This can help us tally up your recoverable losses and show your employer’s insurer you qualify for benefits.
If an employee dies from a workplace accident in Walpole, their survivors might be eligible for certain benefits. For example, under Mass. Gen. Laws Ch. 152, § 33, insurers must cover all reasonable burial and funeral expenses up to a limit. Dependents of covered decedents, like spouses and children, may get additional weekly benefits pursuant to Mass. Gen. Laws Ch. 152, § 31.
Covered Injuries
Workers’ Compensation covers most occupational injuries. According to Mass. Gen. Laws Ch. 152, § 29, compensation begins on the sixth day of injury, meaning an injury must prevent an employee from working for at least five days before benefits are paid.
Covered injuries include a wide range of occupational injuries, like repetitive motion injuries, fractures, or injuries due to overexertion, slips, trips, or falls. Common injuries vary from industry to industry. Generally speaking, Workers’ Compensation will cover an injury if you sustain it on the job in Walpole.
In addition to occupational illnesses, workers can get benefits for certain occupational diseases that prevent them from working in Walpole. Our lawyers can review your medical condition and its cause to see if you qualify for Workers’ Compensation because of an occupational illness instead of a workplace injury.
Furthermore, if you have any of the specific injuries laid out in Mass. Gen. Laws Ch. 152, § 36, you may be eligible for additional compensation.
Medical Examinations
Even when faced with medical evidence confirming your condition and eligibility for Workers’ Compensation, the insurer might require an examination from another medical professional. This is permitted under Mass. Gen. Laws Ch. 152, § 45. You can have a doctor of your choosing present during this medical examination. If you deny the insurer’s request, it could, in turn, deny your Workers’ Compensation claim.
Even after approving claims, insurers can also make employees undergo evaluations by vocational rehabilitation specialists to gauge their ability to return to work. If you refuse this examination, your Workers’ Compensation benefits may be suspended in Walpole.
Get medical attention if you are hurt in a serious or minor accident at work. Without those initial medical records, you might have difficulty proving you were injured on the job.
Willful Misconduct of Employers
While Workers’ Compensation typically only covers medical expenses and lost income, some workers might be eligible for greater recoveries. Under Mass. Gen. Laws Ch. 152, § 28, compensation paid to an injured worker will double if their employer hurt them because of serious and willful misconduct. For example, knowingly disregarding safety protocols to speed up a project or ignoring reported hazards in the workplace might constitute serious and willful misconduct.
Willful Misconduct of Employees
Workers’ Compensation carriers can deny claims because of willful or serious misconduct of employees, according to Mass. Gen. Laws Ch. 152, § 27. For example, if a carrier thinks a claimant intentionally caused their injuries to collect benefits, it might deny a claim. Serious and willful misconduct can bar a claimant from damages, but it will not bar a deceased worker’s survivors from damages in Walpole.
Denials and Appeals
If a Workers’ Compensation claim gets denied, a worker can appeal it. Our attorneys can review the reasons for the initial denial and plan your appeal accordingly. Claim rejections often boil down to a lack of evidence, generally medical evidence. When preparing your appeal, we can help you organize your medical records and ensure you continue monitoring your medical condition. Fortunately, injured workers have several opportunities to appeal denied Workers’ Compensation claims in Massachusetts.
Call Our Walpole, MA Workers’ Comp Lawyers Now
Call (617) 925-6407 to get help with your case from the Law Office of John J. Sheehan’s Workers’ Compensation lawyers.
