From confirming whether or not you qualify for Workers’ Compensation to supporting you through the claims process, our attorneys are here to help with all aspects of your recover after a workplace accident. Let us represent you as you seek compensation from your employer’s carrier and make sure you get the appropriate amount.
Your employer’s Workers’ Compensation policy covers you in Westwood. If your employer does not have Workers’ Compensation, you may still get benefits, so contact our lawyers regardless. You should be able to recover some compensation for lost wages, the exact amount depending on the severity of your disability. Additionally, you may get a one-time extra payment if you suffer a “specific injury,” increasing your recovery for an occupational injury.
Get a free case review from our Workers’ Compensation lawyers by calling the Law Office of John J. Sheehan at (617) 925-6407.
Does Workers’ Compensation Cover Me?
All employers need Workers’ Compensation in Massachusetts, so your employer should have a policy that covers you. You are covered from your first day of employment onward and may seek compensation any time you miss five or more full or partial days of work because of an occupational illness or injury.
Even if your employer lacks Workers’ Compensation, you can still get benefits. Rather than getting damages from your employer’s carrier, you would get them from the Workers’ Compensation Trust Fund.
Workers’ Compensation should cover any work-related injury or illness. Unless a claimant intentionally injures themselves or was drunk at work when injured, there is little reason to deny a claim. Workers’ Compensation is a no-fault system, so you can get damages, even if you accidentally injure yourself.
Even so, insurers might deny claims. If this happens to you, please contact our attorneys, and we will assist you in appealing the rejection as soon as possible.
How Do I Start a Workers’ Comp Claim in Westwood?
The only thing you need to do to start a Workers’ Compensation claim is report the injury to your employer. Once you do, your employer has seven days to inform their carrier and the Department of Industrial Accidents, which initiates the claim process.
Do not assume your employer knows about the accident or your injuries unless you report it to them directly. We can help injured workers inform their employers about their injuries and step in if employers fail to notify their Workers’ Compensation carriers in a timely manner.
You have seven days from your fifth day of disability to tell your employer you need Workers’ Compensation. Prompt reporting is crucial, so please do not delay.
Does Workers’ Compensation Pay All Lost Wages?
Workers’ Compensation does not pay all lost wages, so getting every cent you are entitled to is important. Let us calculate your lost-wage benefits for you, so we know if the amounts Workers’ Compensation pays are accurate.
Partial Incapacity
Workers get partial incapacity benefits when they can work, just not at the same earning level as before the workplace injury. Partial incapacity benefits are 60% of the difference between your pre- and post-accident incomes, up to a limit. The limit is 75% of what your temporary total incapacity benefit would be, which our Workers’ Compensation lawyers can also calculate in Westwood.
Temporary Total Incapacity
Suppose an occupational illness or injury stops you from working completely, but you may return to work after you heal. In that case, you may be eligible for temporary total incapacity lost-wage benefits. These are equal to 60% of your average weekly wage before the accident, unless that amount exceeds the maximum weekly compensation rate in Massachusetts.
Permanent and Total Incapacity
If you are permanently disabled, you must first exhaust your temporary total incapacity benefits before you start getting permanent and total incapacity lost-wage benefits from Workers’ Compensation. Once that happens, your benefit amount will change, and you will get two-thirds of your average weekly wage before the injury, not to exceed the maximum weekly compensation rate, according to Mass. Gen. Laws Ch. 152, § 34A.
Permanent and total incapacity benefits must be at least the minimum weekly compensation rate, currently set at $365.83.
Do I Qualify for More Money from Workers’ Comp?
Sometimes, Workers’ Compensation pays extra amounts. This happens when workers suffer “specific injuries” under § 36. Let us see if you qualify for any additional money from Workers’ Compensation, so you do not miss out on it in Westwood.
Sight loss, hearing loss, amputation of the arm, hand, leg, or foot, and bodily disfigurement qualify injured workers for additional one-time payments from Workers’ Compensation.
The exact amount claimants get depends on the specific injury. For example, for amputation or total loss of use of the minor arm, claimants receive their average weekly wage multiplied by 39. For amputation or total loss of use of a major arm, claimants receive their average weekly wage multiplied by 43.
Do I Need Pictures for My Workers’ Comp Case in Westwood?
Having pictures can help your Workers’ Compensation case. Give us any photos you took of your workplace right after the accident, your injuries, and anything else that seemed relevant.
If you did not take pictures, we can see if any other workers took photos to help document the scene. Since statements from eyewitnesses can also support your claim, we may also interview witnesses.
You may document visible or disfiguring injuries as they heal by taking photos as well. We can send these images and any current medical records to the Workers’ Compensation carrier if it asks for updated information weeks or months after approving your claim.
You can still get Workers’ Compensation without photos, and you should still contact us about your case. Do not delete pictures before sending them to our lawyers, as you never know what images might be relevant.
Call Us to Discuss Your Workers’ Comp Case in Westwood
Get a free case evaluation from our Workers’ Compensation lawyers when you call the Law Office of John J. Sheehan at (617) 925-6407.