If you have been injured at work, you may be entitled to workers’ compensation benefits. Workers’ compensation is a government-mandated insurance program that provides benefits to employees who are injured or become ill as a result of their job. Benefits can include medical expenses, income replacement, and death benefits.
In order to receive workers’ compensation benefits, you must first notify your employer of your injury or illness. You then have four days to file a claim with the Massachusetts Division of Workers’ Compensation. If your claim is approved, you will begin receiving benefits within 21 days.
If your claim is denied, you have the right to appeal the decision. An experienced workers’ compensation lawyer can help you navigate the claims process and appeal a denial, if necessary.
At The Law Offices of Gerald J. Noonan, we have experience handling workers’ compensation claims for clients in Quincy and throughout Massachusetts. We can help you understand your rights and options under the workers’ compensation system and fight for the benefits you deserve. Contact us today for a free case 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?
There are four types of benefits available under the Massachusetts workers’ compensation system:
1) Medical benefits – You are entitled to have all reasonable and necessary medical expenses related to your work injury or illness covered by workers’ compensation. This can include hospitalization, surgery, medication, rehabilitation, and other treatments.
2) Income benefits – If you are unable to work due to your injury or illness, you may be eligible for workers’ compensation income benefits. These benefits are two-thirds of your average weekly wage, up to a maximum amount set by the state. Income benefits are generally paid until you are able to return to work or reach maximum medical improvement.
3) Death benefits – If a worker dies as a result of a work-related injury or illness, surviving spouses and dependent children may be eligible for workers’ compensation death benefits. These benefits can include two-thirds of the deceased worker’s average weekly wage, up to a maximum amount set by the state.
4) Vocational rehabilitation benefits – If you are unable to return to your previous job due to your injury or illness, you may be eligible for vocational rehabilitation benefits. These benefits can include job training, education, and other services to help you transition to a new career.
You may also be eligible for other types of benefits, such as mileage reimbursement for travel to and from medical appointments, or reimbursement for certain out-of-pocket expenses related to your injury.
How long do I have to file a Quincy workers compensation claim?
In most cases, you have four years from the date of your injury or illness to file a workers’ compensation claim. However, there are some exceptions to this rule. If you are suffering from a work-related disease or condition that develops over time, you may have up to five years from the date you knew or should have known that the disease was caused by your job. If you are filing a claim for a death benefit, you generally have two years from the date of death to file.
If you have been injured at work, it is important to speak with an experienced Quincy workers’ compensation lawyer as soon as possible to protect your rights and ensure that you meet all deadlines.
What should I do if my claim is denied?
If your workers’ compensation claim is denied, you have the option of appealing. You must submit a notice of appeal within 30 days after receiving the refusal letter. An administrative law judge will review your appeal and determine whether your claim should be approved or denied. If your appeal is unsuccessful, you may still qualify for workers’ compensation benefits under the state’s system.
Do I need a Quincy workers compensation lawyer?
While you aren’t required to have a workers compensation claim lawyer, the workers compensation process is a complex one that is best navigated with an expert attorney at your side.
Your workers comp lawyer can help you to understand how the workers compensation process works, explain your rights and options, and make sure your claim is filed correctly and in a timely manner. Should your claim be denied, your workmans comp lawyer can also help you to appeal the decision.
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 Quincy MA
If you or a loved one was injured at work or while working, you may be entitled to workers’ compensation benefits. Workers comp benefits can help you to cover things like medical expenses, lost wages, and other costs related to your injury or illness.
A Quincy workers’ compensation lawyer can also assist you in understanding your rights and options, as well as ensuring that your claim is submitted correctly and on time.
Don’t put it off any longer – contact The Law Offices of Gerald J. Noonan to speak with a workers’ compensation lawyer about your case right now!
