Worcester, MA Workers’ Compensation Lawyer
There are many potential sources of workplace injuries. Employees who are injured on the job can pursue benefits by filing Workers’ Compensation claims with their employers’ insurers. Victims may recover payment for medical expenses and lost income related to the harm they incurred.
However, dealing with employers and their insurance companies can be a frustrating task. Furthermore, in some cases, negligent employers fail to provide Workers’ Compensation coverage for their workers. The assistance of our attorneys can be highly beneficial when seeking the payment you deserve.
If you sustained a work-related injury or illness in Worcester, MA, get help recovering financial compensation. Get in touch with our experienced Worcester Workers’ Compensation lawyers by calling the Law Office of John J. Sheehan at (617) 925-6407. Our attorneys can review your case for free.
Why Should You File for Workers’ Compensation in Worcester, MA?
The aftermath of an on-the-job injury can be painful and distressing. Accordingly, the road to recovery for injured workers can be difficult to endure. Many victims of workplace accidents must undergo costly medical treatment. Additionally, they often must spend time away from work while their injuries heal.
By filing Workers’ Compensation claims, employees can recover payment for lost income and medical costs they suffered because of their workplace injuries. These monetary damages can provide necessary support to workers during periods of immense hardship. If you sustained an injury at work, you should reach out to our Worcester Workers’ Compensation lawyers for support when filing your claim.
Common Workplace Injuries Suffered by Workers in Worcester, MA
When filing a Workers’ Compensation claim, the amount of payment awarded will likely depend on the extent of harm you incurred. The following are examples of common injuries sustained by workers in Worcester, MA:
Strains
Strains refer to injuries that occur when muscles and tendons are stretched or torn. These injuries are a very common type of on-the-job injury that can be suffered by employees in any field. Strains can be debilitating and usually force victims to spend extended periods of time away from work during recovery. Our Workers’ Compensation lawyers can help pursue compensation related to a strain you suffered at work.
Sprains
Sprains are another type of workplace injury suffered by many employees in Worcester, MA. These injuries occur when ligaments are stretched or torn. Like strains, these injuries can be painful and debilitating. Fortunately, sprains are also covered by Workers’ Compensation insurance.
Broken Bones
Broken bones are also a common type of harm caused by workplace accidents. There are several types of accidents that can lead to such an injury. For example, a delivery driver who is involved in an on-the-job car crash may incur broken bones. Further, a mechanic may suffer broken bones because their hand got caught between two heavy pieces of machinery. In any case, injured workers should contact our experienced Worcester Workers’ Compensation lawyers for help recovering payment related to their broken bones.
Cuts and Puncture Wounds
Workers can suffer cuts and puncture wounds for a variety of reasons. In many cases, such injuries are caused by tools that have not been properly maintained. For example, a construction worker may suffer a cut because the bladed tool they were using had not been appropriately sharpened.
Spinal Cord Damage
Spinal cord damage is one of the more serious types of harm caused by workplace accidents. Such injuries are often related to vehicle accidents and fall accidents that occur at work. For example, a construction worker may incur spinal cord damage after suffering a fall from a tall height. If you suffered a spinal cord injury at work, you should contact our Worcester Workers’ Compensation lawyers for guidance and support on your path to recovery.
Traumatic Brain Injuries
Traumatic Brain injuries are another serious type of injury that can be suffered on the job. Such injuries typically occur because a worker suffered an external blow to the head. For instance, an employee may suffer a traumatic brain injury because they were struck in the head by a falling object. These injuries are covered by Workers’ Compensation.
Burns
Burn injuries that happen in the workplace can be very severe and often require prompt medical attention. In many cases, employees suffer burns because of fires and explosions that happen on the job. However, there are many other sources of burns. For example, workers can be burnt by steam, hot metals, hot liquids, and exposure to electrical sources. Those who suffer burns at work can seek payment for their injuries.
Carpel Tunnel Syndrome
Lastly, carpel tunnel syndrome is a common injury suffered by workers in Worcester. It is a form of repetitive stress injury that can cause numbness, tingling, and pain in the hand and wrist. Those who have to type for lengthy periods of time are highly susceptible to suffering this type of harm. Our attorneys can help recover monetary damages related to an employee’s carpel tunnel syndrome.
What Information is Required to File a Workers’ Compensation Claim in Worcester, MA?
Workers’ Compensation claimants will have to gather an extensive amount of information related to their injuries. The following is required for your claim to succeed:
When the Accident Occurred and When You Qualify for Benefits
You must report your workplace accident to your employer to initiate your claim and begin documenting the necessary information. Of course, you might not have had the chance to do so immediately if you went straight to the hospital after your accident. However, you should report it as soon as you are able since the dates are critical in a Workers’ Compensation claim.
Crucially, we must know the first calendar day you missed work because of your injuries since you cannot qualify for Workers’ Compensation benefits until you are out of work for at least five calendar days, as per Mass. Gen. Laws Ch. 152 § 6. The five days need not be consecutive, though. You might attempt to return to work only to take more time off. Once your injuries keep you out of work for five days, however, you must submit your claim to your employer’s insurance provider within seven calendar days of that fifth day, not including Sundays or holidays.
Your Employer’s Workers’ Compensation Insurance
Our team must also identify your employer’s Workers’ Compensation insurance provider and ensure that you are a “covered” employee. According to § 1(4), a typical “employee” is any person with a contract of hire placing them under the service of another. An employment contract can be express or implied, written or oral, as long as it provides an exchange for wages for such employment. This definition is broad, so most employees in Worcester and the state are covered by Workers’ Compensation.
It is usually easier to assess if you are one of the classes of workers not covered by insurance. For instance, independent contractors, like Uber and some Amazon delivery drivers, are not considered traditional employees under the above definition. The “employer” does not have a contract to hire, as an independent contractor can determine if and when they work. The lack of direct control over an independent “employee” is what separates them from traditional ones. Other specialized employees are also not covered, such as workers on commercial sea vessels, professional athletes, and federal workers.
An employer with regular employees must carry Workers’ Compensation insurance. You can check whether your employer has coverage by searching for them online. If your employer is required to carry insurance but does not, and you are injured, you will need an alternative to cover your losses. In this situation, our team will put our efforts into preparing a lawsuit against your employer and anyone else who contributed to your accident.
Your Injuries and the Benefits Available
We also need a thorough understanding of your injuries, including the specific body parts affected, to determine what benefits to pursue in your claim. Workers’ Compensation is intended to cover “necessary” medical costs, so these benefits are common to just about every workplace injury claim. The medical benefits provided include reasonable and adequate care, prescription medication reimbursement, and coverage for travel expenses to and from medical visits.
The severity of your injuries will also impact how much your lost wages are covered and for how long. For instance, if your injuries totally kept you out of work but only for a limited amount of time, you can qualify for “temporary total” benefits. Under § 34, an injured worker would receive between 60% and their maximum weekly pay for up to 156 weeks.
Employees whose injuries permanently prevent them from returning to work can qualify for “permanent and total” benefits. According to § 34A, permanently injured workers will typically receive compensation equal to two-thirds of their pre-injury weekly wages but cannot receive more than their maximum weekly pay.
Workers with specific injuries to certain body parts might also qualify for additional benefits to compensate for the loss, as per § 36. For example, victims who lost the use of an eye can receive compensation equal to their average weekly wages times 39, while individuals who lost vision in both eyes can get their weekly pay times 96. If you lost the use of or your dominant arm was amputated, you can receive a sum of your weekly wages multiplied by 43, while these injuries on a nondominant arm would be compensated with your weekly pay times 39. Our team can review your medical records to determine if your injuries entitle you to these benefits.
Your Medical Evaluations
We will need medical records to prove your injuries and determine how long you will be out of work. In nearly every case, an employer or their insurance company will choose the healthcare provider you see for your initial medical evaluation, which is their right under § 45. They also have the right to request that you submit to an independent medical exam every six months for as long as you are out of work.
After the first exam, though, you can get treatment from a doctor of your choosing. Our team can also arrange for your own physician to be present at exams conducted at the insurance company’s behest.
If You Suffered an Injury at Work in Worcester, MA, Our Attorneys Can Help
If you sustained an injury at work, seek assistance from our experienced Workers’ Compensation lawyers by calling the Law Office of John J. Sheehan at (617) 925-6407 to review your case for free.
