Wellesley, MA Workers’ Compensation Lawyer
No one really expects to get hurt at work, even if they do a more dangerous job, like working on a construction site. Even less expected is getting hurt because your employer did something careless. Regardless of the cause of your injury, you will likely have medical bills to pay in the short term. In the long term, there may be worry as to whether you can return to work at your job or continue to work at all.
Fortunately, Workers’ Compensation is available as an option in many cases. Our lawyers have handled many of these claims. We will negotiate with your employer and work to ensure that you receive all the compensation you need to get under the law.
To get a free case review, contact the Law Office of John J. Sheehan by calling (617) 925-6407 and talk to our Workers’ Compensation attorneys.
An Overview of Wellesley, MA Workers’ Compensation
When people get hurt in the workplace, the first port of call is often filing for Workers’ Compensation. Workers’ Compensation helps workers get financial assistance when they get hurt while working. The idea is to have a more efficient and expedient system than taking a case all the way to trial that gives both parties – the employee and their employer – what they want out of the situation. Workers get the financial compensation they need, and employers get things done and over within a reasonable timeframe. Both parties avoid getting into bitter, time-consuming, and costly legal disputes.
Benefits of Wellesley, MA Workers’ Compensation Claims
Massachusetts has different benefits for Workers’ Compensation that vary depending on your circumstances. Our Workers’ Compensation attorneys can examine your situation to see which benefits apply to you. That way, you know what to expect of your employer, and we can take action to advocate on your behalf if your employer does not want to comply or otherwise acts obstinately.
Permanent Injury
Under Mass. Gen. Laws Ch. 152 § 34A, you can get two thirds of your average weekly wage if the injuries you sustained at work are “permanent and total.” “Permanent and total” injuries are such that you cannot work anymore – either at your current job or in another position. For example, being paralyzed from the neck down would be an example of a “permanent and total” injury.
Temporary Injury
There are different Workers’ Compensation benefits for temporary injuries. The seriousness of those temporary injuries determines which Workers’ Compensation benefits you get.
Massachusetts law requires coverage for “temporary total” injuries, meaning that you are completely unable to work, but only for a limited period of time. Under Mass. Gen. Laws Ch. 152 § 34, you can get 60% of your average weekly wage, but only for 156 weeks. If your injuries persist past that point in time, you will be required to demonstrate that you are still injured and cannot work either for a longer time period or permanently.
“Temporary partial” injury coverage is detailed under Mass. Gen. Laws Ch. 152 § 35. “Temporary partial” refers to injuries where you are still able to work but in a limited capacity compared to before you were injured. For example, a construction worker who gets hurt and, while they are recovering, cannot lift heavy things but can oversee and direct other workers or make calls to pull permits is said to have a “temporary partial” injury.
Massachusetts allows a maximum of 75% of what you would be paid for total incapacity for up to 260 weeks for temporary partial injuries. If you do not get the maximum compensation, you will get 60% of the difference between your pre and post-injury wages pursuant to Mass. Gen. Laws Ch 152 § 34. As with temporary total injuries, if you can demonstrate that you are going to have injury-related issues for longer, the benefits can be altered or extended. If you need assistance demonstrating that to your employer, we can help.
Scarring, Disfigurement, Loss of Function
You can also get Workers’ Compensation benefits for scarring, disfigurement, and permanent loss of use of a body part pursuant to Mass. Gen. Laws Ch. 152 § 36. The exact compensation you get depends on the type of injury you sustained. Note that this compensation is in addition to other Workers’ Compensation benefits you may get, so you should talk to our lawyers about the total financial compensation you will get for your claim.
Eye Injuries
You can get additional compensation for various kinds of eye injuries in Massachusetts. You can receive up to 39 times the Massachusetts average weekly wage for total loss of the use of one eye and up to 96 times the average weekly wage for total loss of both eyes. For partial loss of the use of one or both eyes, you can get compensation amounting to seven times the average weekly wage.
Hearing Injuries
For injuries where you suffer hearing loss in one ear, you can get 29 times the average weekly wage. For loss of hearing in both ears, you can get 77 times that wage.
Amputation and Loss of Use of an Arm
If you get injured and either have an arm amputated or lose the ability to use it, you can get compensated depending on whether it was your dominant arm. For the loss of your dominant arm, you can get 43 times the Massachusetts average weekly wage. For the loss of the non-dominant arm, the compensation is 39 times the average weekly wage.
Amputation and Loss of Use of a Hand
If you lose the use of your hand or have to get it amputated, the same applies. For the loss of the dominant hand, the compensation is 43 times the average weekly wage. For the non-dominant hand, it is 29 times that wage. If you lose the use of both hands or have both amputated, you can get 77 times the average weekly wage as compensation.
Amputation or Loss of Use of Legs
You can get 39 times the Massachusetts average weekly wage in additional compensation for the loss of use or amputation of one leg and 99 times the average weekly wage for both legs.
Amputation or Loss of Use of Feet
The compensation for loss or use of one foot is 29 times the average weekly wage in Massachusetts and 68 times that amount for both feet.
Other Injuries and Disfigurement
The compensation for other types of injuries is more specific to the individual and their injuries. Accordingly, you should discuss your injuries with our lawyers to determine what amount of compensation you are entitled to from your employer.
Chat with Our Wellesley, MA Workers’ Compensation Lawyers About Your Claim
Our Workers’ Compensation lawyers at The Law Office John J. Sheehan are ready to help you with your situation when you call us at (617) 925-6407.
