Massachusetts Workers’ Compensation Law
Injuries at the workplace can happen to anyone and we offer our sympathies if it happened to you. If you or a loved one has been injured on the job, you may be eligible to receive workers’ compensation benefits for any losses you may have suffered. If this is the case, contact an experienced attorney who specializes in workers’ compensation claims. We will help you recover any lost wages, medical expenses, and disability costs while you focus on your recovery.
Benefits in Accordance with Massachusetts Workers’ Compensation Law
The law varies slightly from state to state. If you are injured on the job while working in the state of Massachusetts, it is important to know what benefits you may be entitled to under Massachusetts workers’ compensation law.
All employers in the state of Massachusetts must carry workers’ compensation insurance. This coverage pays out the benefits received by injured employees, which ranges from full coverage of all medical costs to financial assistance based on degree of disability. Workers who are medically cleared to return to work at a future date will receive less compensation than an employee whose injury prohibits them from ever returning to work again, otherwise called Total and Permanent Incapacity.
Massachusetts workers’ compensation law defines three designations for disability, which are as follows: Total and Permanent Incapacity, Total Incapacity, and Partial Incapacity. Each designation is entitled to a different amount of compensation.
- Employees who suffer from Total and Permanent Incapacity are eligible for Total and Permanent Disability Benefits. This means that the injured worker is eligible to receive two-thirds of their average weekly wage (based on their yearly, 52-week income), along with increased compensation for higher cost-of-living expenses. These benefits may be paid for the remainder of the injured employee’s lifetime.
- Employees who suffer from Total Incapacity are eligible for Total Disability Benefits, which pays the injured worker 60% of their average weekly wage. However, workers can only receive these benefits for up to three years, or 156 weeks.
- Employees who suffer from Partial Incapacity are eligible for Partial Disability Benefits. This refers to workers who have been injured on the job and are now limited in the amount of work they can perform. Partial Disability Benefits allows them to receive 60% of the difference between their weekly wage before the injury and after.
How Do I Know If I Am Eligible for Workers’ Compensation?
There are a variety of different circumstances in which one can be injured at work. These include, but are not limited to:
- automotive accidents
- severe burns
- faulty machinery
- exposure to toxic chemicals and materials
- injuries sustained while lifting heavy objects
- workplace-induced emotional stress
An injury does not have to be caused by workplace negligence or an unsafe environment in order to qualify for compensation. Yet it is important to know what exactly constitutes the “workplace” before moving forward with a compensation claim. To help determine what is best for you, seek out a workers’ compensation attorney to assist with the claim process.
Moving Forward with a Claim
The first thing to do when injured at the job site is to seek immediate medical attention. Afterwards, you will want to inform your employer of the injury. Be sure to provide as much information as possible, making sure to note time and place of the accident, extent of the injury, and how exactly the accident occurred.
It is best to submit this notice in writing in order to kickstart the claims process, although verbal notification is also acceptable. Employers and insurance agencies are often skeptical of postponed or delayed claims, so it is important to turn in this information as quickly as possible. Insurance companies must approve or deny your compensation claim within 14 days of receiving injury notice.
Providing accurate information to your doctor is extremely important — not only is it vital for corroboration in the event your claim is denied, but it also aids in a quicker recovery.
How a Workers’ Compensation Attorney Can Help
Under Massachusetts Workers’ Compensation Law, all employers are required to display the name and contact information of their workers’ compensation insurance provider. However, processing a claim and receiving the appropriate benefits is not as easy as it sounds. Claims can be denied for almost any reason, and it is often the simplest mistakes that are the easiest to avoid.
Hiring an attorney who specializes in workers’ compensation claims is only going to help you. Not only are you more likely to win your claim, but an experienced attorney can help you receive your benefits faster. Even if you decide to “go it alone,” our attorneys offer an initial consultation for free, providing you with direction and guidance.
Filling out all the necessary paperwork, making all the required phone calls, and meeting with insurance agents can quickly become tedious and stressful, so why not let a paid professional ease your burden and argue your claim for you? A workers’ compensation attorney manages your negotiations and provides the wherewithal for you to move forward.
If you or a loved one has been injured on the job, you will need an experienced attorney who specializes in workers’ compensation cases on your side. Please call us today to set up a free consultation.