Framingham Workers' Compensation Attorney
Have you been injured while on the job in Framingham? Were you involved in a workplace accident? Have you been diagnosed with a condition or disease as a direct result of your work-related duties or workplace exposure?
If so, you likely are entitled to benefits from workers’ compensation.
At Brooks Law, our Framingham workers’ compensation lawyers are here to guide you through the process, answer your questions, and stand up for your rights when dealing with your employer and workers’ compensation insurer.
To learn more about our services and how we can assist you, please contact us today for your free consultation.
Steps for Filing a Workers’ Compensation Claim in Framingham
If you are injured at work, it’s important that you understand your right to benefits under workers’ compensation. Here are some steps to take to file your workers’ compensation claim in Framingham:
- Determine whether you’re covered under workers’ compensation insurance. The first step is to determine whether you’re covered under workers’ compensation insurance. In Massachusetts, the vast majority of employees are covered. Most employers are required under law to carry this insurance with few exceptions. If you’re not sure, ask your employer. If you think that your employer is supposed to carry workers’ compensation insurance but does not, consult with a lawyer or contact the Massachusetts Department of Industrial Accidents (DIA).
- Notify your employer. In most cases, you won’t be responsible for filing your workers’ compensation claim yourself. Your employer will provide your insurer and the DIA with notice of your accident, which will start the claims process. However, you are responsible for providing your employer with notice of the accident within a reasonable amount of time. If you don’t do this, you may be barred from recovery.
- File your claim. In the event that your employer does not file your claim, your employer’s workers’ compensation insurer denies your claim, or you have not heard back from the insurer and more than 30 days from the date of your injury have passed, you can file a claim with the Department of Industrial Accidents yourself. In order to do so, you will need to fill out and file Form 110 – Employee Claim. Along with your form, you will also need to include a copy of at least one of the following:
a. Medical reports
b. Unpaid medical bills
c. Witnesses’ names and statements
d. Accident reports
Once you file your claim, which can be done in person or by mail, you should hear back from the DIA within two weeks.
What to Do If You’ve Been Hurt on the Job in Framingham
Being injured on the job can be a traumatic experience that leaves you shaken and confused about what to do next. One of the most important things that you need to do after a workplace accident is provide your employer with notice of the accident. You should do this immediately when possible, and always within 48 hours. Remember that the notice should be written, and you should keep a copy of the notice for your records, too.
Seeking the medical care you need should be your top priority, including emergency treatment if necessary. While your employer can request that you see an approved provider at some point, you maintain the right to see a doctor of your choice, assuming that the doctor accepts workers’ compensation insurance.
It’s important to seek medical care as soon as possible after the accident. When seeking care, be sure to tell your doctor that you’ll be using workers’ compensation insurance.
In the aftermath of the accident, it’s also important that you follow your doctor’s instructions. If you do not follow your doctor’s orders, the insurer may argue that you have failed to heal because of your failure to follow through on treatments.
Another tactic that an insurer may use to reduce the value of your claim is to suggest that the accident didn’t happen at work, or that you have healed to the point that you’re ready to return to work before you actually are.
In order to protect yourself, gather as much evidence as you can about the accident, including eyewitnesses’ statements, stay off of social media, and don’t talk to an insurer without representation. Hiring a lawyer is the best thing you can do to protect your right to benefits.
Common Types of Workplace Accidents
Workers in all types of jobs are at risk of suffering an accident or injury, although workers in certain industries – such as the construction industry – may be at a greater risk.
Examples of common types of workplace accidents include:
- Slip and fall accidents, which may occur because of unsafe walking conditions
- Fall from height accidents, which often are the result of unsafe scaffolding or a failure to follow safety protocols
- Back and joint injuries, particularly in jobs that require heavy lifting
- Electrocution, which are often the result of electrical errors and defects
- Machinery accidents, which might involve getting caught in or in-between machinery
- Auto accidents, including crashes involving third-party drivers
- Assault and violence, which more commonly affect workers in the healthcare industry
In addition to injuries from sudden accidents, workers may also suffer repetitive trauma injuries or develop an occupational disease or illness. These, too, are covered under workers’ compensation insurance.
How Our Framingham Workers’ Compensation Lawyers Can Help You
If you think that you have a workers’ compensation claim, our lawyers can help you by:
- Reviewing your employer’s workers’ compensation policy
- Helping you to provide your employer with proper notice of the injury
- Gathering evidence to support your claim
- Advising you in seeking medical care, talking to your employer, and bringing a claim
- Representing you in all conversations with a workers’ compensation insurer
- Negotiating for a settlement
- Appealing a denied claim or a benefits award that is too low
- Fighting a premature decision that you are ready to go back to work
To schedule your free consultation with our workers’ compensation lawyers at our Framingham law office, please call us today or send us a message. We work on a contingency fee basis, and will always be upfront with you about our services and fee arrangements.