Westford, MA Workers’ Compensation Lawyer
Whether you work in an office or on a factory floor, there is almost always some risk of accidents and injuries. If you were hurt on the job and cannot return to your job for a while, you may be covered by Workers’ Compensation. Talk to an attorney as soon as possible after you report your accident to your employer.
Before filing a Workers’ Compensation claim, we need to determine whether you are even eligible. You must be an employee within the definition set by law, and your injuries must be work-related. On top of that, you must be unable to work for at least 5 non-consecutive days before you can file a claim. Depending on your situation, you might not want to file a Workers’ Comp claim. Instead, you might consider suing. Injury lawsuits for injuries covered by Workers’ Compensation are prohibited, barring special circumstances. If you have any questions about your legal options, contact a lawyer right away.
Receive a private case evaluation to begin your claim by calling our Workers’ Compensation lawyers at the Law Office of John J. Sheehan at (617) 925-6407.
Determining if You Are Covered by Workers’ Compensation in Westford, MA
In Massachusetts, employers are required to carry insurance to pay for Workers’ Compensation benefits if employees are injured on the job. You may be covered and entitled to compensation if you are hurt in the line of duty. However, not every work injury may be compensable, and our Workers’ Compensation lawyers can contact the insurance company to make sure you are eligible for benefits.
Eligible Employees
First, we need to determine if you are an eligible employee. Only employees may be covered by Workers’ Compensation. According to Mass. Gen. Laws Ch. 152 § 1(4), an employee includes anyone working in service to someone else under an express or implied contract of hire. This is a broad definition, and most workers are likely included, with the exception of a few specifically excluded by law. However, independent contractors are typically not included, as described in more detail below. Talk to our team if you are unsure of your employment status. If your boss determines your hours, pay, and method of work, you might be an employee. If those decisions are up to you, you might be an independent contractor.
Injuries are Work-Related
Next, your injuries must be sufficiently work-related. Simply being injured near your place of employment or shortly after you get off work might not be enough. If you were at your regular place of work and actually engaged in your job duties when the accident happened, your injuries may be considered related and compensable. However, if you were injured while you were clocked out for a lunch break away from your office, you might not be covered.
Inability to Work
Finally, your injury must prevent you from working for you to be eligible for Workers’ Compensation. You must be unable to work because of your injury or condition for at least 5 days, according to § 6. The days do not have to be consecutive. You might call out of work sporadically, taking a day off here and there. Once you have accumulated 5 or more days of being unable to work, you may be eligible for Workers’ Compensation. Notice of your injury must be submitted to the insurance company within 7 days of when you become eligible.
Can Injured Employees Covered by Workers’ Compensation Also Sue for Damages in Massachusetts?
While it might be tempting to forego a Workers’ Compensation claim in favor of an injury lawsuit against your employer, this might not be possible. Usually, covered employees are legally prohibited from suing their employer or coworkers after an accident on the job. Workers’ Compensation is the sole legal remedy for covered employees, according to Mass. Gen. Laws Ch. 152 § 24. However, injured employees may sue under very specific circumstances.
You might be able to sue your employer if you believe they deliberately caused the accident or knowingly allowed it to happen. When employers purposefully injure employees or deliberately allow accidents to happen, they cannot hide from liability behind Workers’ Compensation laws. Talk to your attorney if you want to sue your employer.
You might be able to sue if someone other than the employer or a coworker is responsible for the accident. For example, if you were injured by an irate customer, you can sue them because such a legal action is not prohibited by Workers’ Compensation laws. You might also sue if a third party is responsible. Many people sue for work-related accidents caused by defective equipment because negligent manufacturers may be held liable.
How Workers’ Compensation Affects Independent Contractors in Massachusetts
While most employers are legally required to carry the insurance necessary to provide injured employers with Workers’ Compensation, independent contractors are different. They are not legally classified as employees because they do not work for employers. Independent contractors work for themselves. They may set their own hours, determine their pay rates, and decide how they conduct their work. As such, if an independent contractor is injured on the job, the person they are performing the work for – a client rather than an employer – is not responsible for providing compensation.
However, independent contractors may purchase their own Workers’ Compensation insurance if they choose. Many independent contractors are not legally required to have this insurance because they often do not have any employees. It is common for independent contractors to be sole proprietors of their businesses. If you have the necessary insurance, you should still talk to a lawyer about your situation. They can help you gather the information and evidence you need to submit a claim and get the benefits you need while you recover from your injuries.
Reach Out to Our Westford, MA Workers’ Compensation Lawyers for Help Now
Receive a private case evaluation to begin your claim by calling our Workers’ Compensation lawyers at the Law Office of John J. Sheehan at (617) 925-6407.
