Did you know that over the course of your lifetime, you’re likely to spend about one third of it at work? On average, that amounts to over 90,000 hours at the office! Since most people spend so much time at work, it’s inevitable that accidents are bound to happen on a regular basis at the workplace.
That fact is exactly why worker’s compensation insurance coverage exists and why federal worker’s comp laws are in place. If you recently got hurt at work, then you need to understand your rights and options! The majority of employees in America are covered by worker’s compensation policies, which means you could easily get the compensation you deserve by leveraging your rights and filing a claim.
Do you need more information about worker’s compensation laws in Holbrook? Are you wondering if you need to hire a Holbrook workmans comp lawyer? Learn everything you need to know about filing a claim and how our firm can help you below.
What’s Worker’s Compensation Insurance? Does My Employer Carry It?
Worker’s compensation insurance is a type of policy that employers are required via federal and state law to take out for their employees. These policies get paid into monthly. In the event that a work-related injury or illness occurs, the insurance policy will pay out specific benefits to the employee regardless of fault. The employer is also somewhat shielded from further litigation regarding the matter.
In this way, worker’s compensation policies are beneficial for both employees and employers.
You might be curious as to whether your employer is carrying worker’s compensation insurance, though. Despite the law, many businesses fail to maintain the required policies. For instance, recent statistics indicated that about 26% of small businesses lack worker’s compensation coverage even though they’re legally obligated to carry it.
To answer this question, you may want to speak with your employer directly. If you don’t feel comfortable doing so, then you can visit the Worker’s Compensation Coverage Verification website to do a brief search.
How to Handle a Workplace Accident
If you get involved in a work-related accident, then there are a series of specific steps you need to follow to ensure that your rights get upheld. First, report the accident if possible. Unless your accident is a serious emergency, immediately alert your co-workers, supervisors, or manager about the situation. Get emergency help and call 911 if you need to. Otherwise, head to the nearest medical facility for treatment while your employer secures the accident scene and documents the accident with an official report.
Once you get medical care, you’ll want to save any bills and diagnosis that you receive. From there, ask your employer to initiate a worker’s compensation claim. You should get more information about whether your claim gets denied or approved within a few weeks.
What Type of Compensation Does Worker’s Comp Insurance Provide?
Worker’s compensation coverage is designed to help cover losses associated with a work-related injury or illness. It’s meant to provide compensation for medical care, wage loss, disability benefits, and even death benefits where necessary.
Could Your Claim Get Denied?
While a no-fault system sounds ideal, there are still a few reasons why your claim could get denied. The most common reasons a claim might get denied includes:
- Claiming the injury occurred outside of work
- You didn’t report the injury right away
- Lack of proof or evidence of an injury or accident
- Errors or inconsistencies in the accident report
- Your injury or illness isn’t covered
- Your injury was intentional
- Your injury is the result of a pre-existing condition
If your claim initially gets denied, then don’t lose hope. There’s a chance that your situation could get rectified, or there may be other legal avenues for you to pursue. In these cases, it might be best to consult with an attorney.
Know Your Rights: What to Do If Your Claim Gets Denied
If your initial worker’s compensation claim gets denied, then don’t panic. You do have the right to appeal or challenge the decision. First, you’ll want to use your denial letter to identify why your claim was denied. From there, you’ll want to work to resolve the issue. If necessary, then you may opt to speak with a lawyer about the denial in more detail.
What If Your Losses Exceed Worker’s Comp Coverage?
If your losses exceed worker’s compensation coverage, then it might be best to consult with an attorney about your situation. In general, in Massachusetts, worker’s compensation insurance is considered an “exclusive remedy” for workplace accidents. In exchange for receiving benefits, the employee usually forgoes the right to sue the employer for additional damages.
There is an exception to this, though. Employers can still get held liable for “serious and willful misconduct” that led to an accident. If your employer is found liable for acting in such a manner, then they may have to pay you additional compensation. What’s more, your employer is the only party protected under the worker’s compensation agreement. If a third-party caused your accident, then you might be able to seek out a separate legal claim against that party.
What If Your Employer Doesn’t Have Worker’s Comp Coverage?
Above, we discussed how to learn if your employer has a worker’s compensation policy. What if you don’t determine that they lack coverage until after you suffer an accident, though? In these cases, it’s wise to hire a Holbrook workmans comp lawyer.
Without insurance, your employer is open to full legal liability, so you can still get the compensation you deserve by filing a personal injury lawsuit. Further, you might be able to seek help from the Massachusetts Worker’s Compensation Trust Fund. Speak more with a Holbrook workers comp lawyer if you’re considering these options.
Should You Hire a Holbrook Workers Comp Lawyer?
We know what you’re thinking – is hiring a Holbrook workers compensation lawyer really necessary? Can’t I just collect compensation on my own or represent myself in court? You’re under no legal obligation to hire a lawyer regardless if you simply file a claim or seek out a personal injury lawsuit. Hiring a lawyer is usually in your best interests, though.
A good attorney can help you navigate your injury and claim from start to finish. They’ll help you understand and consider your legal options, file any paperwork that you need to, collect evidence, and get the compensation you deserve.
Are You Looking for a Holbrook Workers Compensation Attorney?
When you experience a work-related accident, it’s natural to want to minimize what happened. That’s the absolute last thing you want to do, though! Your best course of action is to report the accident, seek out medical treatment, determine the severity of your situation, and file a worker’s compensation claim with your employer’s help.
If you run into any issues along the way or if you think your situation is pretty serious, then don’t hesitate to hire a Holbrook workers compensation lawyer. A lawyer can help you better understand how to move forward and get every penny of compensation you deserve.
Are you currently searching for a Holbrook workers compensation attorney you can rely on? Our firm has extensive experience representing injured workers in Holbrook, and we’re prepared to help you too. Reach out to our firm now by leaving your contact details on our online form.
