When an employee is injured during the course of employment in Massachusetts, they deserve to be compensated for the harm that they have suffered. In order to reduce delays and employer liability, a system of workers’ compensation insurance exists.
Through workers’ compensation insurance, a worker who is injured at work can recover benefits, regardless of fault, for their injuries. While a worker does not need to prove fault in order to recover compensation, they are also barred from filing a lawsuit directly against their employer even if the employer did something wrong.
Workers’ compensation benefits consist mainly of payment of related medical expenses and partial replacement of lost wages due to missed work time because of the injury and recovery period.
WHAT IS WORKERS' COMPENSATION?
TIPS
FOR PROTECTING YOUR RIGHTS
AFTER AN INJURY AT WORK
SEEK MEDICAL CARE
If you require emergency medical care following a workplace accident, seek it. This is your right. If you do not require emergency care but do require medical attention, make sure you seek an approved provider. Keep detailed records of the treatment you receive, and be sure to follow your doctor’s orders.
FOLLOW UP WITH INSURER
It’s not enough to just provide your employer with notice of your injury and then keep your fingers crossed that you’ll receive the benefits that you deserve. Instead, you need to follow up with the insurer to ensure that they have received an accident report and are processing your claim.
CALL A LAWYER
If you’re filing a workers’ compensation claim, especially if your claim is complicated, working with an experienced attorney is strongly recommended. If your claim as been denied or you believe your benefits are too low, a lawyer can be crucial to your recovery.
REPORT YOUR INJURY
The importance of reporting your injury to your employer cannot be overstated. Reporting your injury as soon as possible should be a top priority. Be sure to give the notice in writing, and to keep a copy of this notice for your records.
GATHER EVIDENCE
Did anyone see your workplace accident happen? Does your workplace have video recording of the accident? Is there any evidence that the accident occurred, or evidence detailing the extent of your injuries? If so, be sure to document all evidence sources and types for your records. This could come in handy later during the claim process.
STAY OFF SOCIAL MEDIA
It may seem hard to believe, but an insurance adjuster assigned to your claim may be looking for ways to diminish the value of your case and pay you less than you deserve. Posting things to social media that imply that you are not as injured as you claim or that you have healed and are ready to go back to work can be extremely damaging to your claim.
Whether you’ve been hurt on the job, in a car accident, or suffered a disability that leaves you completely unable to work, our attorneys have the skills and the resources to help. We will take the time to educate you about your rights, explain what to expect in the legal process, and answer your questions about how best to move forward. Our goal is to obtain the full and fair compensation you need to get your life back on track.
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WORKER'S COMPENSATION
LAWYERS IN MASSACHUSETTS
WE WILL HELP YOU SEEK THE COMPENSATION YOU DESERVE AFTER BEING HURT AT WORK
MASSACHUSETTS
WORKERS' COMPENSATION ATTORNEY
Every year in Massachusetts, there are hundreds of workers harmed while on the job. While many of these workers are employed in industries that utilize heavy equipment and machinery, but a workplace injury can happen in any line of work – even those considered “safe.”
When a workplace injury occurs, an injured worker may have dozens of questions, and not only about their injuries and their ability to earn an income moving forward, but also about their rights to benefits.
At Brooks Law, our Massachusetts workers’ compensation lawyer can help you understand your rights and options after a workplace injury, how to file a workers’ compensation claim, what benefits are provided through workers’ compensation,the potential for a third-party liability claim, deadlines after a workplace injury, and other how to protect your rights after an injury at work.
To learn more today, please contact us online or by phone to get started with a free consultation.
- Over $25 Million Recovered For Our Injured Clients -
HOW TO FILE A
WORKERS COMPENSATION CLAIM IN MASSACHUSETTS
If you are an employee who is injured while performing a work-related task, or if you have developed an occupational disease, you likely have the right to file a workers’ compensation claim for benefits.
If you require emergency medical attention, that is your first priority. Otherwise, the first step after being injured at work is to provide your employer with written notice of your injury. If you fail to provide your employer with written notice, the claims process may be delayed, or you could be denied benefits altogether.
Following providing your employer with notice, you should then receive instruction from your employer about receiving medical care and proceeding with the claims process. Remember, you must seek medical care from an approved provider. If you do not, you will likely have to pay for the care out of pocket.
While, most of the time, your employer will notify the insurer of your injury on your behalf – which will initiate the claims process – if they do not, you can initiate the process on your own.
To do this, you will need to download and fill out Form 110 – Employee Claim. You will need to send this form to the Department of Industrial Accidents. You will also need to submit copies of supporting documents, including unpaid medical bills, medical reports, any accident reports, witnesses’ names, and witness statements.
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MEDICAL BENEFITS
These benefits cover reasonable medical care, prescriptions, and travel costs to and from doctor’s appointments.
SCARRING & PERMANENT LOSS OF FUNCTION BENEFITS
When this is the case, a worker can receive a one-time payment for their harm. The amount of the payment is based on the severity of the loss and the location of the loss.
INCAPACITY BENEFITS
These are partial wage-replacement benefits. The amount of compensation varies depending on the type of benefit, as well as the injured worker’s gross average weekly wage prior to the incident.
BENEFITS FOR SURVIVORS
These are partial wage-replacement benefits. The amount of compensation varies depending on the type of benefit, as well as the injured worker’s gross average weekly wage prior to the incident.
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