Westborough, MA Workers’ Comp Lawyer
No one goes to work in Westborough expecting to get injured, even in dangerous industries. Fortunately, you will likely be covered by Workers’ Compensation if you are injured on the clock.
While your employer might encourage you to file a claim on your own, working with our attorneys is the best to maximize the compensation you recover. We can explain the state’s Workers’ Compensation laws and how they will impact your claim. We can also describe what compensation your type of injury should receive and for how long. After getting hurt at work, report your accident to your employer. If they are required to offer Workers’ Compensation coverage, they must file a claim soon after it is reported. You must then get medical care so we will have evidence to substantiate your claim. You will need to visit an employer-chosen physician, but we can arrange for your own doctor to be at your exams.
For a free case analysis today with our Workers’ Compensation lawyers, contact the Law Office of John J. Sheehan at (617) 925-6407.
Understanding Workers’ Compensation Claims in Westborough, MA
Understanding how Workers’ Compensation claims work is vital for employees injured on the job in Westborough. You must know how soon to report your accident, what medical treatment is needed, and how much of your damages will be covered.
However, injured workers should be free to focus on their treatment, which is why you should let our Workers’ Compensation lawyers handle the various aspects of your claim. Our team can thoroughly explain what compensation you are likely to receive and how you have to obtain medical care. We will also discuss what to do if willful misconduct causes your injuries or your claim is ultimately denied.
Reporting Your Accident
The minutes and days after a workplace accident are crucial since you will want to take the right steps to initiate your claim and get the care you need to prove your injuries. First, report your accident to your employer—usually a supervisor on duty at the time—so they can make a report. Internal company reports typically contain the pertinent details of the accident and statements from witnesses who saw it.
Once your employer is aware of your accident, they have a duty under Mass. Gen. Laws Ch. 152, § 6 to report it to the Massachusetts Department of Industrial Accidents (DIA) within seven days, not counting Sundays. Thus, the sooner you report your accident, the sooner your employer will initiate your claim. If you wait too long to report your injuries, you might be unable to file one at all.
Unless you were totally incapacitated by your injuries and transported directly to the hospital, gather some evidence before or after reporting your accident. You can take pictures with your phone of the area where the accident occurred, including the mechanism or tool that injured you and the debris. Photos of your injuries can also be useful in your claim. Also, talk to eyewitnesses before going to the hospital to get their version of events in case your employer fails to include it in their report.
Getting Medical Treatment
Next, get immediate medical care. You do not need to prove your employer caused your accident to get Workers’ Compensation, but you need medical documentation of your injuries. Without a medical examination, you will not know the extent of your injuries and how long you will likely be out of work. The DIA needs to know these things to determine what compensation you qualify for and the duration of your payments.
However, you do not have complete freedom of choice when getting a medical exam for Workers’ Compensation. In most cases, you will need to be examined by a doctor selected by your employer. They will typically give you a list of preapproved healthcare providers from which you can choose. Still, § 45 gives you the right to have your own doctor sit in on the exam, albeit at your own expense.
The insurer also has the right to request further examinations by their doctors every six months you are receiving benefits. Refusing will lead to a denial of your claim.
Injuries Workers’ Compensation Covers
Workers’ Compensation is designed to provide coverage for most injuries that occur as a result of your occupation. Unless your injuries were intentionally caused, you should be covered. Basically, if your injury is bad enough to be out of work for five days or more, you will overcome the six-day threshold under § 29 to get compensation.
Workers’ Compensation benefits only kick in on the sixth day out of work. If you recover enough to be back to work within 21 days, you will only be compensated from the sixth day to the day you return. If you are incapacitated for 21 days or more, you will be compensated from the injury date.
Workers’ Compensation’s definition of “injury” also covers occupational illnesses. Perhaps you were exposed to asbestos or chemical fumes at work. If you developed a lung condition or were diagnosed with cancer and it can be linked to your job, you should be able to make a Workers’ Compensation claim.
Major injuries, such as amputations, eye and ear injuries, and other permanent injuries, will be compensated at different rates and extended periods of time under § 36.
Addressing Willful Misconduct
You could also be entitled to more compensation if your employer’s willful misconduct caused your injuries. For instance, perhaps your employer knowingly ignored safety regulations, did not provide the necessary training to employees, or provided substandard materials for the job. If we prove willful misconduct, you will be entitled to double your compensation, according to § 28.
Appealing Claim Denials
If your claim is denied, we can appeal it. Many claims are rejected because of lack of evidence. Regardless, we can help address the issue so your claim is approved.
Call Our Workers’ Compensation Lawyers Today for Help Getting the Benefits You Deserve
Call the Law Office of John J. Sheehan at (617) 925-6407 for a free review of your case with our Workers’ Compensation attorneys.
