Like other states, Massachusetts offers workers’ compensation benefits to injured employees. These benefits intend to ensure that workers are taken care of financially and medically after being injured. While this sounds like a simple process, employers will make it difficult to tap into benefits.
All employers in Massachusetts must have workers’ compensation benefits available to employees. The system has the no-fault premise, so you do not have to prove your employer was negligent. The one requirement is that your injuries happened at work or within the scope of employment. This one caveat is where many legal battles stem. Insurance companies are unwilling to shell out money for injured employees and will argue that the injuries were not work-related. You will need a Bridgewater workers’ compensation lawyer to protect your rights and obtain benefits.
What Injuries and Situations Does Workers’ Compensation Cover?
One of the critical benefits of workers’ compensation is lost income compensation. When you are injured on the job, you will be unable to work and earn a living. You will be able to receive a portion of your wages while you are recovering. Calculating your wages is complex, and you should rely on a Bridgewater workers’ compensation lawyer to ensure you are getting the most wage benefits available.
If you are permanently disabled from the accident, you are entitled to disability benefits. You will also receive a one-time payment for disfigurement, permanent disability, and scarring. Suffering a permanent disability or injury results in training services, medical equipment, and prescription drugs.
In the unfortunate event that a loved one dies from a workplace accident, survivor benefits are available. These are the most complex benefits to obtain. We offer personalized care and attention to any case we take on. You need the guidance of the Law Offices of Gerald J. Nooman through this challenging time.
The Workers’ Compensation Claim Process
The most critical step in filing a workers’ compensation claim is to notify your employer that you are injured. The best way to provide notification is in writing. If you suffer from occupational illnesses, the reporting process can look slightly different. The process is different because there was not one particular incident that contributed to your condition. An occupational disease happens over time, and while you have four years to file, you need to report the illness as soon as you become aware of it.
Once you have informed your employer of your injury, you must file a workers’ compensation claim with their insurance carrier. Employers will display the information to all employees.
You will receive a claim approval or denial letter after filing a claim. If your claim is approved, you can access workers’ compensation benefits and have your damages covered. If you receive a rejection, you need to discuss your legal options with an experienced Bidwgater workers’ compensation lawyer.
There are circumstances where you can file a personal injury lawsuit. The first reason will be if your employer does not offer workers compensation. Some employers will not purchase workers’ compensation benefits even though they are legally required. You can file a personal injury claim when a third party is responsible for your injury.
Personal injury claims cover further damages than a workers’ compensation claim. The process will be different, and you need an attorney who is well versed in both areas of law.
What Causes Claim Denials?
There are a few reasons why insurance companies can deny workers’ compensation claims. The first is filing a claim after the allotted time frame. To avoid this denial reason, notify your employer of an accident or injury immediately when it happens, in writing.
The second reason for a claim denial is the worker had a pre-existing condition. Rejection is often seen in occupational illness cases since they occur over time and not from a singular incident. These cases are often complex and require an established Bridgwater workers’ compensation lawyer.
Lastly, a claim can be denied if the employer alleges it was not work-related. This denial reason is the most commonly used. The employer will argue that the injury happened outside of the workplace. Your attorney can prove that the damage was work-related through discovery and investigative actions.
How Can a Bridgewater Workers’ Compensation Lawyer Help?
The Law Offices of Gerald J. Nooman provide a personal touch to every case. Our staff will give your case the attention it deserves and make the claims process smoother. You are not required to prove fault to obtain benefits, and if this question arises, our Bridgewater workers’ compensation lawyer will fight to ensure you are not to blame and lose your benefits. Call our office at 1-508-588-0422 today.
