Medford Workers’ Comp Lawyer
Workers in all fields, from construction workers to receptionists, can suffer an injury as a result of a work-related accident or a work-related duty. When an injury at work happens, whether an acute injury or the development of an occupational disease, the injured worker deserves to be compensated for the harm.
At Brooks Law, our Medford workers’ compensation lawyers understand that you may have questions about the workers’ compensation system after being injured at work, and that going through the process on your own can be intimidating.
When you call our lawyers, we can handle all the legal matters and work hard to improve your chances of recovering maximum benefits. Reach out to us today to learn how we can help during a free consultation.
Who’s Covered Under Workers’ Compensation?
Almost all employees – but not independent contractors – are covered under workers’ compensation insurance in Massachusetts. The law mandates that nearly all employers must provide this coverage, with certain exceptions.
Workers’ compensation insurance applies when a worker is injured while performing a work-related duty or is “on the job.” Proving that an injury occurred during the course of employment can one of the challenges in a disputed workers’ compensation claim.
Workers’ compensation coverage extends to covered workers regardless of fault after a qualifying work-related injury, accident, or occupational illness. This means that a worker may recover benefits even if their own fault contributed to their injuries. What’s more, a worker does not need to prove the employer did anything wrong in order to recover benefits.
Steps for Filing a Workers’ Compensation Claim in Medford
If you’ve been hurt at work in Medford, it’s important to know the various steps involved in filing a workers’ compensation claim. If it has been more than 30 days since your injury occurred, your employer is refusing to file your claim, or your workers’ compensation insurer has denied your claim, you have the right to bring a claim with the Massachusetts Department of Industrial Accidents (DIA) yourself.
To do so, take the following steps:
- Gather documents and evidence. In order to file a claim with the DIA, you will need to present various types of evidence. You will need documentation of the date of your injury, the first and fifth days of work that you missed, your injuries, the types of benefits you are requesting, the name of your doctor, and for how long you expect to miss work. You will also need to attach medical bills, medical reports, witnesses’ names and statements, and workplace accident reports to your application.
- Fill out Form 110. Next, you will need to fill out and file Form 110 – Employee Claim. You can then file your request for benefits by mail or in person. After the DIA has received your claim, it can either reject the claim, or it will schedule a conciliation that involves you, your employer, and the insurance company. A conciliation is a formal meeting where your claim is discussed.
What to Do If You’ve Been Hurt on the Job in Medford
If you’ve been injured on the job, you may not need to take the steps above for filing your own claim. Most of the time, notifying the insurer of the injury and ensuring your benefits are paid is a task an employer handles, not an injured worker.
In order to preserve your right to benefits, though, there are a few things that you need to do after being injured at work:
- Notify your employer. One of the most important things that you must do after being injured at work is to notify your employer of your workplace accident. If you fail to give your employer written notice of your accident within a reasonable amount of time, your claim for benefits could be denied.
- Seek medical care. If you require emergency medical care after a workplace accident, don’t hesitate to seek it. Otherwise, seek medical treatment from a non-emergency provider. In Massachusetts, you have the right to choose your own doctor. When you see the doctor, tell your doctor that your injury is work-related and ask your doctor to use workers’ compensation, not your regular health insurance.
- Ensure that a First Report of Injury is filed. After you provide your employer with notice of the injury, they are obligated to file a First Report of Injury with the DIA and the insurance company. If they do not, you should inform the insurer of your injury yourself.
Common Types of Workplace Accidents in Medford
A workplace accident and injury can affect workers in nearly all industries, even ones considered “safe.” Of course, workers in certain industries – like manufacturing and construction – are at a greater risk.
Some of the most common types of workplace accidents include:
- Slips, trips, and falls
- Falls from heights
- Machinery accidents, including being caught in or in-between machinery
- Automobile accidents
- Lifting-related accidents
- Falling object-related accidents
In addition to the above, a worker may be injured as a result of a repetitive motion, such as continually lifting heavy items of typing for numerous hours, or may develop an occupational disease as a result of exposure to a dangerous substance.
Can I File a Lawsuit Against My Employer?
In exchange for no-fault benefits, injured workers are barred from bringing a lawsuit against their employers for compensation in virtually all situations. However, while you generally cannot file a lawsuit against your employer if you are injured at work, you may file a lawsuit against another third party whose negligence caused or contributed to your injuries, such as the manufacturer of a defective piece of equipment or the at-fault driver of another vehicle in a work-related crash.
If you think that you may have a third-party liability claim, consult with our injury attorneys immediately for more information about how to pursue this claim type and what types of compensation may be available. Unlike workers’ compensation, a third-party claim could provide you with compensation for pain and suffering and other losses.
How Our Medford Workers’ Compensation Lawyers Can Help You
If you are injured at work, our Medford workers’ compensation lawyers can:
- Guide you through the workers’ compensation system
- Represent you in all talks with your employer and the workers’ compensation insurer
- Help you understand what benefits you are entitled to
- Review a workers’ compensation settlement
- Represent you if you must file a claim yourself
- Help you to appeal a denied claim
- And more
To schedule a free consultation, please call our law firm directly today to get started.