What Should You Do if You Are Hurt on the Job in Massachusetts?
Injuries at work can leave you physically laid up or unable to return to work for an extended period. Workers often follow safety protocols and hope they never get injured, leaving workers who do face injuries with many questions about what to do next.
After an accident at work, get medical care and report the accident to your employer. You might be able to get your medical bills and some replacement wages provided through Workers’ Compensation, but other situations might be better resolved with a lawsuit. Either way, your next step should be to call a Workers’ Compensation lawyer and get help with your case.
Call the Massachusetts Workers’ Compensation lawyers at the Law Office of John J. Sheehan today at (617) 925-6407 to discuss your case in a free case review.
Getting Medical Treatment After a Workplace Injury in Massachusetts
After getting hurt at work, it is vital to get the medical treatment you need. Some injuries might be minor enough that you do not need to miss work or go off-site for treatment, but other injuries are too serious, and any delays in treatment could make them much worse.
Knowing when your injury is serious enough to go to the hospital is often difficult. Some injuries like cuts and burns can often be bandaged up and – though they might interfere with your work for a few days – might not be serious enough for you to go home. Other injuries – even slightly more severe cuts and burns – should be treated at a hospital where you can receive stitches and medication to properly treat the injuries. It can be difficult to leave work and get medical treatment if your employer refuses to let you go or says they won’t pay you for the day if you leave, but it is always best to get the care you need.
Workers’ Compensation should, in theory, cover any emergency medical treatment for a work injury. Our Boston Workers’ Compensation attorneys can help you later seek coverage for this treatment, alleviating any bills you face for your emergency care needs.
Reporting Injuries at Work in Massachusetts
After an injury, it is proper protocol to report the injury to your employer. Every workplace is different, and you might not even know who you are supposed to report an injury to. Often, your direct supervisor, a union rep, or the human resources department will be able to direct you to the proper office or individual to report your injury to. If you cannot figure out how to report your injury, our Massachusetts Workers’ Compensation attorneys can help.
To get coverage for your injuries, you might also need to report your injuries to the Massachusetts Department of Industrial Accidents (DIA). While your employer should be the one to file, they may refuse to file your claim or their insurance company might deny the claim. When that happens, you will have to file Form 110 with the DIA to file your claim directly – though this can be done with the help of an experienced attorney.
When to Get a Lawyer After an Injury on the Job in Massachusetts
Generally speaking, it is never too early to hire a lawyer after an injury. Our Workers’ Compensation lawyers can provide you with a free case review and help you understand what services we can provide and when those services will be necessary.
At first, you will file your case with your employer – and an attorney can help at that stage if you need assistance. As mentioned, it can sometimes be difficult to know who to talk to at work or what to say about your injury. Our lawyers can help you work to get that initial claim accepted, cutting down on the steps needed to appeal your claim.
If you are in a position where you need to file your Workers’ Compensation claim directly with the DIA, Form 110 explains that you can file your claim “pro se” and still seek an attorney later. However, working with a lawyer from the beginning can often help your case by making sure that you have all of the relevant details and information included the first time.
Often, missing or erroneous information is the root cause of denial. Our Chelsea Workers’ Compensation lawyers can help ensure that your claim contains all relevant information and presents your case in a way that will make it simpler for the claim to be accepted and paid without further challenge.
If your filing with the DIA moves forward, there might be additional hearings and meetings that you should have your attorney attend with you. At this stage of a claim and appeal, the process becomes quite technical and has procedural rules that need to be strictly followed. Our attorneys work to help injured workers with exactly these kinds of legal issues and are available to discuss your case.
Can You Sue After a Work Injury in Massachusetts?
Many injured workers file Workers’ Compensation claims for their injuries, but lawsuits are available in some situations. Generally speaking, employees are blocked from filing a lawsuit in court against their employer. Instead, they have to use Workers’ Compensation to get payments for medical bills and lost wages. However, there are some exceptions to these rules that might allow you to file an injury lawsuit after an accident.
In Massachusetts, the law only blocks lawsuits against employers. If someone else caused your injuries, you might still be able to sue them. This often means you can sue someone like a driver who crashed into your roadside work crew or a customer who assaulted you while you were waiting tables. Suing a manufacturer of defective tools or safety gear is also common.
There may also be other ways you can sue, depending on the specifics of your case. Talk to our Malden Workers’ Compensation lawyers for more information.
Note that when you file a lawsuit, additional damages for pain and suffering might be available, so it is worth looking into in many cases.
For a Free Workers’ Compensation Case Review, Call Our Attorneys Today
For a free review of your potential case, contact the Quincy Workers’ Compensation lawyers at the Law Office of John J. Sheehan by calling (617) 925-6407.