Workers compensation is a system in the United States and many other countries, designed to provide benefits to employees who are injured or become ill as a result of their job. In most cases, workers compensation is the only means by which an employee can receive financial compensation for an on-the-job injury. A Stoughton workers compensation lawyer can help you if you have been injured at work and need to file a claim.
If you have been injured on the job, you should talk to a Stoughton workers compensation lawyer as soon as possible. Workers compensation is a complex system, and there are strict deadlines for filing a claim. A lawyer can help you navigate the system and get the compensation you deserve.
An experienced Stoughton workers compensation lawyer will know how to deal with the insurance companies and get you the full amount of compensation you are entitled to. Insurance companies often try to low-ball injured workers, but a lawyer will fight for your rights and make sure you get the money you need to pay your medical bills and support yourself and your family.
If you have been injured on the job, contact a Stoughton workers compensation lawyer today for a free consultation.
How do I file a workers compensation claim?
To file for workers’ compensation benefits in Massachusetts, follow these steps:
1). Inform your employer of your injury and accident. File a claim for benefits with your employer. Your employer will forward your claim to its workers’ compensation insurer.
Your employer or its insurer can accept your injury as compensable and file a claim on your behalf with the Department of Industrial Accidents (DIA). On the other hand, if your employer denies your claim, you may choose to file on your own with the Department of Industrial Accidents.
2). To file a claim with the DIA, you will need this information about your claim:
- The date of your injury, onset of illness, or death of the worker (if a surviving spouse or dependent is filing for benefits)
- The first calendar day of missed work (if applicable)
- The fifth calendar day of missed work (if applicable)
- Your employer’s workers’ compensation insurance carrier
- The nature of your injuries or illness
- The benefits you are looking to receive
- How long you may be disabled from work (if known)
- Where you first sought medical treatment for your work injury or illness
- Your current treating medical provider
You must complete Form 110 – Employee Claim. You must include a copy of unpaid medical bills, your medical records, any reports of your accidents, firsthand testimonies to your accident, or the names of eyewitnesses to your accident. The form can be filed in person or through certified mail.
Your claim will be reviewed by the DIA, and it will either reject it on technical grounds or set a conciliation hearing date for you, your employer, and its insurance provider. You must file a claim with the state Workers’ Compensation Trust Fund if your employer isn’t covered by workers’ compensation benefits.
What workers comp benefits am I entitled to?
Workers’ compensation benefits can include medical expenses, wage replacement, and death benefits.
Medical Expenses
If you are injured or become ill as a result of your job, you are entitled to receive all necessary medical care. This includes treatment for your injury or illness, as well as any related rehabilitation or therapy. Your employer or its workers’ compensation insurer will pay for your medical care, and you should not have to pay anything out of pocket.
Wage Replacement
If you are unable to work because of your injury or illness, you may be eligible for wage replacement benefits. These benefits are intended to replace a portion of your lost wages, so that you can still support yourself and your family.
The amount of wage replacement benefits you are entitled to depends on a number of factors, including your average weekly wage and the severity of your injury or illness.
Death Benefits
If a worker dies as a result of a work-related injury or illness, his or her surviving spouse and dependent children may be eligible for death benefits.
These benefits can include a lump sum payment, as well as weekly payments to help the family with living expenses.
How long do I have to file a workers compensation claim?
In Massachusetts, you have four years from the date of your injury or illness to file a workers’ compensation claim.
However, it is always best to file as soon as possible after your accident. If you wait too long to file, you may be barred from receiving any benefits at all.
If you have been injured at work, or have become ill as a result of your job, you should contact a workers’ compensation lawyer as soon as possible.
A lawyer can help you understand your rights and options, and can ensure that your claim is filed timely and correctly.
Don’t wait to get the help you need – contact a workers’ compensation lawyer today.
What should I do if my claim is denied?
If your workers’ compensation claim is denied, you have the right to appeal.
You must file an appeal within 30 days of receiving the denial letter.
An appeal will be reviewed by an administrative law judge, who will determine whether your claim should be granted or denied.
If your claim is denied, you may still be able to receive benefits through the state’s workers’ compensation system.
Do I need a lawyer?
You are not required to have a lawyer to file a workers’ compensation claim.
However, the process can be complex, and it is always best to have legal representation.
A lawyer can help you understand your rights and options, and can ensure that your claim is filed correctly and in a timely manner.
If your claim is denied, a lawyer can also help you appeal the decision.
Don’t try to navigate the workers’ compensation system on your own – contact a lawyer today.
What injuries does workers’ compensation cover?
Workers’ compensation covers all workplace injuries and occupational diseases. In Massachusetts, workers’ compensation also covers emotional and mental disabilities. Common causes of workplace injuries or illnesses include:
- Overexertion from pulling, lifting or pushing objects, and from moving and carrying objects
- Falls down a flight of stairs or from a height, including ladder accidents
- Striking or being struck by an object, such as tools, laptops, or other equipment when it falls from a shelf or other area
- Machinery-related accidents, including conveyer belt accidents, backhoe accidents, skid steer/bobcat accidents, saw accidents, welding accidents, lathe accidents, punch press accidents and forklift accidents
- Repetitive motion injuries caused by repetitive physical motions at the workplace. Carpal tunnel syndrome, tendonitis, bursitis and neck or back injuries are among the chronic occupational illnesses caused by repetitive motion
- Crashes on streets or highways if your job includes driving
- Workplace violence caused by intentional acts
Workers compensation lawyers near Stoughton MA
If you or a loved one was injured at work or while working, you may be entitled to workers’ compensation benefits.
These benefits can help you cover medical expenses, lost wages, and other costs related to your injury or illness.
A workers’ compensation lawyer can help you understand your rights and options and can ensure that your claim is filed correctly and in a timely manner.
Don’t wait to get the help you need – contact The Law Offices of Gerald J. Noonan to discuss your case with a workers’ compensation lawyer today!
