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.