What types of work accidents are eligible for compensation in Boston?

If you have recently started a high-risk job in Boston, you may—understandably—be concerned about which benefits you qualify for. Here's a brief overview to get you started:

The Good News

The good news is that most employees are eligible for  workers compensation massachusetts. There are just a few caveats to be aware of. For example, some workers—like maritime employees—may not be eligible for workers' comp, but that doesn't mean they can't receive any benefits at all. This just means they have to go through different channels for their sector. But some workers, like housekeepers that work few hours for only one family, may not qualify for workers' comp, so you'll want to check out Mass.gov for more information.

Also, even if you were at fault for an injury, the good news is that you'll usually qualify for workers' comp. If you were extremely negligent or ignoring company procedures by messing around, then you could be barred from compensation. If you are not sure whether or not you are eligible for compensation, a Boston Lawyer can get you through the legalese.

What kinds of compensation can employees receive?

After an accident has occurred, you'll not only need to report it to your employer, but you'll need to check out the "massachusetts workers compensation Notice to Employees" poster (required by law to be in every workplace). This poster will tell you how to receive your benefits. There are different types of work accidents, which can include partial disability, total disability, permanent disability, and death.

Partial disability means that you can still work, but your capacity to do the same task has diminished. For this category, you are allowed to receive about 60% of your lost wages before the accident.

If you qualify for total disability, this means you are unable to complete any kind of work. You can collect compensation (60% of your weekly wages) for up to three years under Massachusetts laws.

While the previous categories are temporary, you can receive benefits for the rest of your life if you qualify for permanent disability. This means that you will receive more than 60% of your weekly wages.
 
Lastly, your immediate family will be able to receive benefits should you die due to a work accident. Like permanent disability claims, your family should be able to receive more than 60% of your weekly wages.

Filing a Workers Compensation Claim in Massachusetts

Do you work in a high-risk industry? If so, it is in your benefit to know how to file a claim should an accident occur. While each state has different rules for filing a worker's comp claim, there are some basic steps that you should keep in mind.

1. Double-check to see if you are covered

If you are a sole proprietor or the only person working at an LLC in Massachusetts, then coverage is actually optional for you. Some positions, like longshore workers, may not be covered by worker's comp insurance, but rather, have their own organizations (e.g. Longshore and Harbor Worker's Compensation). You can find out if you have coverage by asking your employer and having them point out the federal “notice to employees” poster

2. Notify your employer and check if you have a qualifying injury

Your employer will need to fill out an accident report and then give you a copy and any other forms that you need to complete. All injuries need to be reported whether they qualify for benefits or not. Injuries that qualify you for benefits have to be work-related. What constitutes a work-related accident can be tricky for some professions. For instance, if you were injured while traveling to work, that may not be covered. Lunch breaks and social events sponsored by businesses also usually aren't covered. Lastly, if you flouting safety rules, that could also exempt you from compensation.

3. Gather Medical Documents and Do Some Research

Along with the copy of your accident report, you should keep a file of any and all relevant medical documents after visiting your doctor. If you need to hire a worker's comp lawyer to help, these documents will be vital evidence. While you gather relevant documents, you'll also need to do a little research to have an idea of what benefits you qualify for. For example, you can check out the benefits calculator at mass.gov to estimate your weekly compensation if your claim is accepted.

4. Follow up with your Doctor, Employer, and Lawyer

To qualify for benefits, you need to follow your doctor's orders to the letter. Make sure you continue to keep all of your appointments and save all medical receipts, notes, etc. Make sure that your employer has filed the accident report and filed any relevant documents on his or her end to the insurance company.

Lastly, if your claim is denied, you have an option to appeal. To make sure your appeal has a better chance of being accepted, you should bring  your denial letter to a worker's compensation attorney. He or she will let you have a free consultation so you can discuss your concerns—dial 844-311-7900 today!

The Basics of Massachusetts Workers' Compensation Laws

If you were recently hurt at work, you may be wondering what steps you should take next. Contacting a Boston lawyer is a good start, since he or she can help you sort through dry legalese. You can also contact the Department of Industrial Accidents (DIA), since they manage Massachusetts's worker's comp system. In the meantime, you can acquaint yourself with a basic overview of worker's comp laws:

Are You Even Covered?

While most employees can receive worker's comp, there are a few people, such as taxi drivers who lease their vesicle, employees who work on commission, and seaman or other employees engaged in foreign commerce, who are usually exempt from worker's comp coverage.

These laws outline all of the benefits you are entitled to and how to receive them. For instance benefits usually include paid-time off from work while you heal, payments for medical bills and treatments, and payment for any job retraining you may need if you can't resume your usual job position.

If you want to claim benefits in Massachusetts, the statute of limitations says that once you realize that your disability was caused by a work-related event, you have four years to file.


How Does an Employee File to Start Getting Worker's Comp Checks?

Every workplace should have a “Notice To Employees” poster on a wall somewhere. On this poster, you will find the necessary information and steps to file your claim. If you cannot find this poster, ask your employer to point it out for you or give you the company's insurance information.

To qualify for worker's comp, keep in mind that your injuries need to have made it so you you've been unable to work for five days or more. Along with filing, you will need to make sure that your employer provides a report to the DIA and the insurance providers and then gives a copy to you.

What Happens if an Employer Isn't Cooperative?

Your employer is not supposed to withhold necessary information that would block your claim. Furthermore, if your employer is actually the cause of your injuries due to negligence, intentional infliction of emotional distress, etc., he or she may be trying to stop you from investigating further. If this is the case, you will want to contact a lawyer who is both experienced in worker's comp and in personal injury cases, since you may need to file a separate lawsuit against your employer.

What if the Worker's Comp Checks Aren't Enough?

If everything goes smoothly and your claim isn't denied, you will start receiving checks. However, if your benefits aren't nearly enough to cover the costs of your injuries, or the checks stop suddenly, then you do have a right to contest this decision.

You will need to fill out the employee claim form titled “Form 110.” This form can easily be found at mass.gov. You should only fill out this form if you plan to contest your case before a judge or if your employer doesn't have adequate insurance coverage.

If you need more help understanding massachusetts workers compensation laws, contact worker's comp lawyers at 844-311-7900 for a confidential evaluation of your case.

How to Find a Work Injury Lawyer After a Work Injury

If you've recently suffered from an injury at work, you may need help paying for doctor appointments and lost wages. If your employer was negligent, you may even want to sue. It is in your best interest to hire a Boston personal injury lawyer to help you get the compensation you deserve. Here are some tips on how to find a work injury lawyer.

Narrow Your Search

While an attorney can practice many areas of law, he or she can specialize in one area during his or her law school. For instance, while many people are familiar with criminal law, there are actually sub-categories like employment and labor law. Lawyers familiar with employment and labor laws can represent unions, businesses, and even individual employees—like yourself. While years of experience is certainly an important factor, it is  important to narrow your search to those who mainly work with workers' comp.


Make Sure You Feel Comfortable

This tip may seem obvious, but you may ignore your own intuition if a lawyer has low fees or was highly recommended. Make sure that you go in for a free consultation to see if you feel like you can trust the lawyer with your needs. Keep in mind that you will have to be completely open about your injury to build your case, so you need someone that you feel like you can talk candidly with.

Get Recommendations

If you have a friend, colleague, or relative that's simpatico, query him or her about any good or bad experiences. After you've narrowed your search by specialization, you may still have a long list of lawyers to choose from, so it may help if you get a recommendation from someone that you already know and trust.

Cross off Lawyers who Aren't Flexible

Like many personal injury claims, workers' comp cases are often paid on contingency. This means that your lawyer will receive a portion of your winnings after settling or going to trial. While you may have other legal fees, your lawyer should always be up-front about these costs. If your lawyer isn't willing to itemize costs, negotiate high bills, or develop a flat fee, it will be too stressful for you to work with them during a time when you should be recovering from your injury.

To help you narrow your search, you should contact Powers and Caccavale for a free case evaluation.

How to Move On After a Workers Compensation Claim

Immediately after suffering an on-the-job injury, it can be difficult to anticipate ever feeling fully-recovered.  Pain, financial and career stresses and other factors from your workplace injury can make the recovery process seem like an insurmountable obstacle.  A good understanding of the steps you’ll need to take in your MA Workers’ Comp claim, along with an effective treatment plan and recovery time, will all be essential to help you move on after a workplace injury.

Get the Treatment You Need

If you’ve been injured on the job you should never put off seeking qualified medical attention for your injury.  In many cases the lingering pain or inability to work can continue on for much longer if you don’t seek medical advice.  Remember that as part of your Boston Workers’ Compensation claim, you may be entitled to be reimbursed for your medical expenses.  So don’t put off reaching out to a medical professional in order to help your recovery process.

Eliminate Stress for Faster Recovery
Everyone knows that stress can have a serious impact on your health.  This is especially true during your recovery process after suffering an injury on-the-job.  Uncertainties about financial issues can take a toll on your physical and mental health.  Likewise, not knowing whether your employer will hold your job or whether you will face any long term consequences from an injury can all add to the already stressful nature of a serious injury.  A qualified Boston Workers’ Comp attorney may be able to answer your questions and help eliminate the uncertainty and stress behind your workers’ comp claim, getting you on the road to recover faster.

Returning to the Workplace

Returning to the workplace after a workers’ comp claim can seem like a daunting task.  If your injury requires modified job duties or either temporary or permanent partial disability you may face adapting to an entirely different job role.  Knowing your rights under MA workers’ comp law, including what actions your employer can and cannot take, will be important when returning to the workplace after an injury.

Moving on after a workers’ comp claim in Boston may seem difficult, but with the right support the process can be smooth and question free.  If you have any uncertainty about your workers’ compensation claim you should contact a qualified Boston Workers’ compensation Lawyer.

If You've Been Injured at Work, What Are Your Legal Rights?

After being injured at work, you might wonder what your options are for missing work, getting paid, and general recovery. Here are some helpful things to know.

You Can File a Workers’ Comp Claim Against Your Employer

If you are injured at work, you have a legal right to file a workers’ compensation claim for benefit payments. There are certain requirements you must meet to be eligible for payments. But, the first step is to file your claim form immediately. Your employer should give you the forms needed to file a claim when you tell them about your injury. Please note that your employer has no obligation to pay anything if they do not know about your injury and you haven’t filed a claim form yet.

Your Employer Cannot Fire You For Filing a Workers’ Comp Injury Claim

After you tell your employer about your injury and file a workers’ compensation claim form, you might worry about getting fired. An employer is not allowed to fire you just for making a workers’ compensation claim. If this happens to you, you might have a claim for wrongful termination against your employer as well!

You Have the Right to Hire a Lawyer

Some people are scared to hire a lawyer to help them with their workers’ compensation claim because they think it sends the wrong signal to their employer and are worried about being fired. You are able to hire a lawyer at any point to help you understand your rights and navigate through the process.

You Normally Can Go to Any Doctor You Want

When receiving your initial treatments for your injury, you can typically go to any doctor you want. There are some guidelines for government employees though, and later in the process a judge could require you to go to a third party doctor for an impartial report on your health.

There are many more rights that you have depending on your circumstances and where you are in the legal process, but the best way to understand your legal rights after being injured at work is to speak with an experienced boston workers compensation lawyer.

Understanding Personal Injury and Workers’ Compensation Claims

If you are injured because of someone else, you might have a personal injury lawsuit claim.  If you were injured while at work, you could have a workers’ compensation claim and a personal injury claim.

How Do I Know if I Have a Workers’ Compensation Claim

The simplest way to answer that is by asking this question: “Were you hurt while working?” If the answer is yes, you might have a workers’ compensation claim. It is obviously more complicated than that and an experienced work comp lawyer can answer it in more detail. Some other factors are how serious the injury is and the type of injury.

 

How Do I Know if I have a Personal Injury Claim?

If you were injured because of someone else’s actions, you might have a personal injury claim. This can mean a car accident, slipping or tripping in a store, or more. It’s best to set up free consultations with personal injury lawyers to find out. But the sooner you find out, the better because there are deadlines to file lawsuits after an injury.

Can I have BOTH types of claims?

Yes! But you have to be injured while working to have both claims. If you were hurt because of someone else’s actions while working, you could have a personal injury claim against the other party and a workers’ compensation claim against your employer for disability payments while injured. An experienced lawyer can handle both claims for you simultaneously to maximize the compensation you could get from your injuries.

Understanding the difference between personal injury and workers’compensation claims is important to understand what paperwork to file, deadlines, and evidence required to prove your case. A lawyer experienced in both personal injury and workers’ compensation claims can handle both claims for you so you do not have to stress about handling two separate lawsuits to get the compensation you deserve.

Three Facts About Workers’ Compensation in MA That Will Blow Your Mind

1.      Denied Workers’ Compensation Claims Are Often Paid Once You Hire a Lawyer

Workers’ compensation claims are known for being denied. (Like social security and other disability payments, the first step is often a denial!) Unfortunately, there are many reasons why a claim is denied. You could have missed a deadline, not handed in some required paperwork, or some other clerical issue. But, more often than not, it’s that you did not make a persuasive argument with the right documentation of your injury. While the injury is real to you, there are certain ways to show an insurance company, or a Judge, that your injuries are real and deserve compensation. This area of law is difficult and complex. Having an experienced lawyer increases your chance of success and can often lead to a claim being approved in the appeal process, even if it’s already been denied.

2.      You Can NOT Get Fired for Filing a Workers’ Compensation Claim

Many people are afraid to file workers’ compensation claims because they think that they will get fired from their job. Not only are you already hurt with mounting medical bills, but the thought of losing your job and income can be too much. However, you cannot get fired for filing a worker’s compensation claim. If you do, you could have a claim for wrongful termination against your employer. You are entitled to seek benefits for your injuries if you sustained them while working.

3.      There are 7 kinds of Workers’ Compensation in MA

Each state has different laws and guidelines for Massachusetts workers’ compensation. For example, in Massachusetts, there are seven (7) different kinds of workers’ compensation payments that someone can receive and the type of benefit depends on your injury and its severity. The type of benefit payments are as follows: 

1.       Temporary Total Incapacity Benefits

2.       Partial Incapacity Benefits

3.       Permanent and Total Incapacity Benefits

4.       Medical Benefits

5.       Permanent Loss of Function and Disfigurement

6.       Survivors’ and Dependents’ Benefits

7.       Burial Expenses

If you want to know more about MA workers’ compensation and how to maximize your claim, it’s best to speak with a lawyer. If you’re not ready to talk to a lawyer, it’s best to look up the laws of your particular state so you understand the process better.

Everything You Need to Know About Workers’ Compensation

Workers’ compensation in Massachusetts can be complicated, detailed, and overwhelming. While this article does not cover all the complexities, it will highlight the general things you need to know about workers’ comp law.

What is Workers’ Comp

Employers are required to provide insurance coverage to all employees to pay reasonable and necessary medical treatment for job-related injuries or illnesses. This means if you are hurt while working, you could qualify to receive payments while you recover and can’t work.

Workers Comp Process

If you’re injured, your employer is required to file a claim with their insurance company. The insurance company will investigate the claim and decide whether or not to pay. If your claim is denied or is lower than you expect, you can file a workers’ comp claim with the Department of Industrial Accidents (DIA).  You could start receiving payments 3-4 weeks after being injured. But these payments do not mean that the insurance company has accepted liability. Insurance companies can pay without prejudice for 180 days without making a final decision on your claim. If your claim is denied or lowered, you could go into the dispute process.

Workers Compensation Dispute Process

There are different stages in the workers’ comp dispute process where each has its own rules and procedural guidelines. They are: 1) Conciliation; 2) Conference; 3) Hearing; 4) Industrial Accidents Reviewing Board; 5) Further Appeals. It is strongly advised that you have an experienced workers’ compensation lawyer if your claim is disputed. This process can be very complex and your rights and interests are best protected with an experienced attorney in your corner.

Potential Workers Comp Benefits

There are different types of benefits depending on your injury and the severity. The different types of benefits are: 1) Temporary Total Incapacity Benefits; 2) Partial Incapacity Benefits; 3) Permanent and Total Incapacity Benefits; 4) Medical Benefits; 5) Permanent Loss of Function and Disfigurement Benefits; 6) Survivors’/Dependents’ Benefits; 7) Burial Expenses. 

Do You Need an Attorney?

We recommend hiring a lawyer as soon as you are hurt to thoroughly protect your rights and interests. Since the insurance company has a pay-without-prejudice period, it is important that a lawyer is with you throughout this period and the insurance company’s investigation. The process becomes much more complicated if your claim is denied or disputed. At that point, it is strongly recommended you have a lawyer to help you navigate the process to maximize your results if you haven’t already done so.