Were you hurt on the job in Boston, MA? Do you have questions about your workers’ compensation claim? Call an experienced Boston workers’ compensation lawyer at Sweeney Merrigan Personal Injury Lawyers, for help getting the full amount you deserve.
Our attorneys have been fighting for clients in Boston for more than a decade–and we’ve already recovered millions in compensation.
Ready to learn more about how we’ll fight to maximize the value of your compensation?
Call our law firm in Boston, Massachusetts, at 774-341-5778 or fill out our contact form to schedule a free consultation today.
How Our Workers’ Compensation Attorneys Can Help Your With Your Claim
Workers’ compensation is there to help you get back on your feet after you get hurt on the job. You’re entitled to benefits regardless of your line of work. Whether you work in an office building or downtown construction site, you’re eligible if you’re hurt on the job.
Sounds simple, right? Unfortunately, the process can be much more complex. Employers and the workers’ comp insurance company often deny claims for even the most minor errors.
They might try to undercut the value of your weekly wage payments–or claim that your injury didn’t even happen at work.
An experienced workers’ compensation attorney can help. When you hire Sweeney Merrigan Law, LLP to handle your case, you’ll have 100 years of combined experience in your corner.
Our team will:
- Make sure your paperwork, including the initial Form 110, is complete and filed on time with the Department of Industrial Accidents
- Defend you if the insurance company denies or undervalues your claim
- Investigate and review your medical records to find out what caused your injuries
- Help you understand all options for recovering compensation, including third-party lawsuits
You have enough to worry about if you were hurt on the job. Hiring a workers’ compensation attorney in Boston, MA is the best way to get the full compensation you deserve. Call today for a free case review if you’re interested in learning more.
Top 5 Mistakes Made After a Job Injury
After sustaining an injury on the job, it’s important to act quickly to ensure you’ll receive the compensation you deserve. However, it may be difficult to know what to do and what not to do immediately following an accident on the job, especially if you’ve never sustained an injury at work before.
Any mistakes made during the claims process for obtaining workers’ compensation can potentially reduce the settlement or benefits you should be entitled to. Therefore, having a clear course of action is crucial for optimum success.
While you’re gathering your materials to make your workers’ compensation case, it’s also important to know what mistakes to avoid. The following are the top five mistakes to keep your eye out for during the legal process:
1. Incorrectly Reporting Injuries
In order to put together an airtight workers’ compensation claim, you need to be as thorough as possible. That means indicating exactly what injuries were sustained, how they happened, and how they’ve affected you. This could include physical repercussions, medical bills, income lost through the inability to work while recovering, and any other significant damage your work-related injury has caused.
When taking stock of your injuries, it’s important not to leave anything out or downplay your symptoms. Plus, if you’re experiencing pain in a part of your body that wasn’t technically injured in your accident, that doesn’t mean it’s irrelevant to your case. In fact, many injuries can often cause unexpected symptoms.
Talk openly with your doctor about every physical abnormality you’re experiencing in order to get a clearer picture of exactly what injuries you sustained on the job and how they may be affecting you now.
2. Failing to Report Injuries in a Timely Manner
If you become injured while at work but neglect to file a workers’ compensation claim promptly, you may be unable to file your claim at all. This is one of the most common mistakes made after a job-related injury and one of the most problematic. The time limit on workers’ compensation claims varies from state to state, but employees generally have around 30 days to file a claim after an injury.
Certain exemptions to this rule exist, but having to fight for an exemption while also trying to file a workers’ compensation claim will actually make being awarded compensation a more difficult and drawn-out process. No matter the injury, if you plan on filing for workers’ compensation, it’s always best to get started sooner rather than later.
As a general rule of thumb, you should notify your employer as soon as you discover that you’ve been hurt.
3. Missing Work Without Being Excused By a Doctor
Different injuries require different recovery periods in order to heal fully. However, a common mistake employees make after suffering from a work-related injury is failing to return to work once they are able to.
As long as you have proof from a medical professional that you’re unable to work, your employer can’t use your time away from work against you during workers’ compensation proceedings. However, if you no longer have a doctor’s excuse and still fail to show up to work or choose not to reaccept a furloughed position, your choice could be considered as a voluntary loss of income, therefore weakening your claim.
If you recover but feel you’re still unable to fulfill your duties at work, it’s important in the claims process to make some attempt as opposed to not showing up at all. Once you’ve made it clear to your superiors that you’re unable to perform your assigned tasks, you can include this information in your claim for workers’ compensation.
4. Being Untruthful About Injuries and Claims Both Past and Present.
Oftentimes, those filing for workers’ compensation can be their own downfall by inventing or playing up injuries in order to receive a greater settlement or better benefits. If a reputable medical professional is unable to stand behind every single injury claim you’re making, your case will lose a great deal of believability.
Additionally, some employees seeking workers’ compensation fail to report previous injuries or claims they’ve made in the past that could have some bearing on their current claim. If you are found to be omitting medical or claim history, your current claim will most likely be thrown out. If not, your employer will likely be able to use this omission against you by claiming that the injuries you sustained were caused by a pre-existing condition, weakening your claim and likely causing you to lose your case.
5. Taking on Your Workers’ Compensation Case Without Legal Counsel
Workers’ compensation law is a complex discipline that can be easy to get lost in if you don’t have the expertise. Navigating medical documents, insurance policies, and employer policies, in addition to state regulations surrounding job-related injuries, could overwhelm anyone without the help of an experienced attorney.
A personal injury lawyer can help identify any loopholes in your claim and help you build the best case to receive the fairest settlement possible. Plus, an attorney’s added professionalism on your side can automatically strengthen your claim in the eyes of a judge.
When Can I Make a Workers’ Compensation Claim?
While many employees understand they have a right to workers’ compensation benefits, many do not know the process for completing a claim. Calling a Boston workers’ compensation lawyer and knowing how to file a claim is just as important as knowing when you can do it.
You have to file a formal workers’ compensation claim within four years. The clock starts running on the date you became aware of the connection between the illness or injury and work. If you’re eligible to file a third-party claim for additional damages, personal injury laws give you three years to file a lawsuit.
If the work accident was fatal, surviving family members have four years from the date of death to file a claim.
Injuries Eligible for Workers’ Compensation
Because workers’ compensation functions on a no-fault basis, you should receive coverage even if your injuries were not the fault of your employer. This means most injuries that occur at the workplace are eligible for workers’ compensation benefits, though some exceptions exist for accidents involving horseplay or employee misconduct.
Potential benefits can include payments for temporary or permanent wage loss, reasonable and necessary medical care, and training for a new line of work if the extent of your injuries prevents you from returning to your current line of work.
Reporting Your Injury
After your accident, report your injury to your employer as soon as possible. Do this either through verbal or written notice, though written notice creates a record that you fulfilled the proper reporting requirements. If you only discuss it verbally, make a note of the date and time.
Under Massachusetts workers’ compensation law, you may lose your right to benefits if you do not report your injury promptly. To insurance companies, a delayed notice often raises suspicion of falsified injuries, which can lead to claim denial.
Most often, your employer will also have you fill out a written accident report. Both your notice of injury and any accident reports will cover when and where your injury occurred, as well as any symptoms you may be experiencing. As workers’ compensation may have restrictions on where you can receive treatment, your employer will inform you of the doctors in the network eligible to provide medical treatment.
Reporting your injury will often be enough to start your workers’ compensation claim. Your employer will take steps to file the Employer’s First Report of Injury or Fatality with its insurance company and the Massachusetts Department of Industrial Accidents (DIA). If the company covers your injuries, you do not need to take any further steps.
Filing Your Own Claim
While your employer should take steps to file the necessary reports of injury, you will need to file your own claim if your employer refuses. Likewise, you will also need to file your own claim if your employer’s insurer denies the initial claim. You should receive a notification within a few weeks after your employer files. In both cases, you will need to fill out an Employee’s Claim (Form 110) and submit it to the DIA to begin the process.
To file a claim with the DIA, you will need to know the following:
- Your date of injury, illness, or death (where applicable)
- The first and fifth calendar days of work you missed
- The name of the workers’ compensation insurance carrier
- The types and locations of injuries
- The type of benefits you’re seeking
- The time frame you may be away from work
- Where you initially received treatment
- Your current physician
You will also need to submit any unpaid medical bills, medical and accident reports, and witness names and statements to support your case. Improper filing can result in a claim denial, so you should take care to follow all state instructions.
What Is My Boston Workers’ Compensation Case Worth?
The first step in determining the value of your workers’ compensation benefit is finding out whether you qualify in the first place.
In Massachusetts, you’re eligible to file a workers’ comp claim if:
- You were an employee
- You were injured on the job or became ill because of something at work
- Either (1) you were unable to work for at least six full or partial days, whether consecutive or not, or (2) you’re able to work, but unable to earn as much as you did before the accident
Most workers in Massachusetts are eligible for workers’ compensation benefits. You’re entitled to reimbursement for all reasonable medical treatment associated with the work-related injury. The system provides a formula for determining the value of your wage replacement benefits, depending upon the type of benefit you’re claiming.
Temporary Total Disability Benefits
If you’re completely unable to work for at least six days, you’re entitled to lost wages equal to 60% of your average weekly wages over the 52-week period prior to the accident. For higher earners, this amount might be capped at the state average weekly wage in place at the time of your injury.
Temporary total disability benefits are available for 156 weeks. If you can’t work for at least 21 days, you can also receive payment for the first five days of disability.
Temporary Partial Disability Benefits
Some workers are able to work, but not in the same capacity as they did prior to getting hurt. If that’s the case, you can receive up to 75% of your total temporary benefits (which, of course, are 60% of your average weekly wages).
Temporary partial disability benefits are available for up to 260 weeks.
Permanent Total Disability Benefits
If you’re permanently unable to return to work, you’re eligible for 66% of your average weekly wages prior to the accident. However, these benefits are capped at the state average weekly wage in place at the time of your injury.
Permanent total disability benefits are available for as long as you’re unable to work.
What Types of Damages Are Available to Work Accident Victims?
Workers’ compensation in Boston provides injured employees with compensation for medical bills and lost wages.
You may be eligible for the following types of damages, depending upon the severity and nature of your injuries:
- Reasonable medical expenses
- Temporary total disability benefits
- Temporary partial disability benefits
- Permanent and total disability benefits
- Scarring, permanent loss of function, and disfigurement
- Vocational rehabilitation
- Survivor and dependent benefits, if the work accident was fatal
Getting the full benefits you deserve isn’t always simple. Our Boston workers’ compensation attorneys at Sweeney Merrigan Personal Injury Lawyers will fight to get the full amount you deserve. All you have to do is call to arrange a free case review to get started.
Third-Party Claims
An injured worker in Boston doesn’t have the right to sue their employer for damages. However, you may be entitled to file a lawsuit against a third party. If a third party’s negligence caused your injuries, you may be entitled to compensation for the economic and non-economic damages associated with your injury.
In other words, like any car accident victim, you may be entitled to money for the following:
- Medical bills
- 100% of your lost wages
- Future medical expenses
- Lost future earning capacity
- Physical therapy
- Rehabilitative care
- Long-term care
- Pain and suffering
- Emotional distress
- Anxiety and depression
- Disfigurement and scarring
- Diminished quality of life
- Damages for wrongful death
If you think someone other than your employer caused your accident, call our law offices right away. We’ll investigate your accident to determine whether you have the right to obtain compensation outside the workers’ compensation system.
Can I Claim Workers’ Compensation if I’m Being Blamed for Causing a Workplace Accident in Massachusetts?
Yes. Workers’ compensation is a no-fault system. If you were hurt or became ill because of something at work, you have the right to benefits regardless of who or what caused your injury.
Personal injury cases are handled differently. If you’re eligible to file a third-party claim, you’ll have to worry about Massachusetts’ modified comparative negligence law. Under that law, you can only recover compensation if you were less than 51% to blame for the accident.
We’ll Fight to Recover Compensation for All of Your Workplace Injuries
Workplace injuries can be serious. You might be completely unable to work–or you might not be able to earn as much as you did before you got hurt.
At Sweeney Merrigan Personal Injury Lawyers, we represent all injured workers, including those who have sustained:
- Brain injuries
- Spinal cord injuries
- Head and neck injuries
- Concussions
- Back injuries
- Bone and ligament injuries
- Eye injuries
- Hearing loss
- Chest injuries
- Repetitive stress injuries
- Carpal tunnel syndrome
- Broken bones
- Burn injuries
- Amputations
- Paralysis
- Catastrophic injuries
- Wrongful death of a loved one
Remember, if you were performing some type of work-related duty when you were hurt, you can claim workers’ compensation benefits. If you have questions about how we can help you obtain the full amount you deserve, give us a call today.
What Causes the Most Work Accidents in Boston, Massachusetts?
At Sweeney Merrigan Personal Injury Lawyers, our workers’ compensation attorneys handle all work accident cases, including those involving:
- Construction accidents
- Slip and fall accidents
- Car accidents
- Welding accidents
- Explosions and fires
- Industrial accidents
- Repetitive stress injuries
- Trenching accidents
- Ladder accidents
- Scaffolding accidents
- Accidents involving heavy machinery
- Exposure to toxic chemicals or hazardous materials
- Defective products
- Premises liability and inadequate security
Were you injured on the job? Give us a call today to learn more about how we can help.
Do I Have to Prove Negligence to Claim Workers’ Compensation Benefits in Massachusetts?
No. Because of that, you might think that determining the exact cause of your injury or illness isn’t always critical–but it’s important to know whether you might be eligible for additional benefits. Some work accidents are caused by employer or employee negligence. You’re still entitled to workers’ comp benefits in these cases.
However, you might be entitled to additional benefits if a third party
- Owed you a duty of care
- Breached that duty
- Caused your injuries
- Caused you to suffer a bodily injury or incur other damages
If you were hurt on the job, our Boston workers’ compensation attorneys are here to help. We’ll do everything we can to recover the full amount you deserve.
Contact a Boston Workers’ Compensation Lawyer for a Free Consultation
Getting fair workers’ compensation benefits can be complex. Call an experienced workers’ compensation lawyer at Sweeney Merrigan Personal Injury Lawyers today.
Best of all, your consultation is 100% free of charge. Give us a call at 774-341-5778 or fill out our contact form today.
