MA Workers' Compensation: What To Do After A Workplace Injury
If you have contracted an illness from work, or have suffered an injury due to a workplace accident, it is important to receive any immediate medical attention. After seeking any necessary medical attention, you should report your injury to your supervisor as soon as possible. You should request that your employer submit Form 101, called the Employer’s First Report of Injury/Fatality. Although you have up to four years to file a workers’ compensation claim, you should still immediately report the injury or illness to your employer once you are aware of your injury. Reporting an injury or illness as soon as possible, as well as ensuring evidence of the incident is well preserved, helps to increase the success of your workers’ compensation claim.
Work injuries aren’t always a result of one incident. They can be due to chemical exposures or overexerting oneself. Repetitive motion injuries can occur over time due to repeated actions. Workers’ compensation offers benefits for these injuries. Benefits can also be issued for aggravating pre-existing conditions. Any injuries that occurred on company property or company promoted events can also be covered by workers’ compensation. Any injuries caused by company resources, such as faulty equipment, may be covered by workers’ compensation benefits.
Workers’ compensation claims are often complex, and hiring an experienced attorney can greatly ease the process of the claims process. The attorneys at Bellotti Law Group, P.C. have over 30 years of experience and will work to ensure that you have the best possible chance for a successful claim. If you have been injured at your workplace, it is vital that you contact a workers’ compensation attorney to go over your options for benefits. In some cases, third parties may be liable for workplace injuries, and you may be entitled to additional compensation. Call 617-225-2100 for a free consultation today.
What is Workers’ Compensation Insurance?
Under workers’ compensation law in Massachusetts, employees receive no fault compensation for economic losses for any injuries, illness, or wrongful deaths related to workplace accidents. Workers cannot file lawsuits against their employers that are related to these workplace injuries.
What Does Workers’ Compensation Cover?
If you have contracted an illness at work, or have been injured in a workplace accident, workers’ compensation offers benefits for medical expenses, lost wages, disabilities, and wrongful death benefits to surviving family members.
The amount of compensation depends on the medical expenses, weekly worker wages, wage-earning capacity, the survey of the illness or injury, and length of recovery for the illness and injury.
Do I Qualify for Workers’ Compensation in MA?
If you have missed 5 full or partial days of work due to a workplace injury or illness, your employer must file Form 101, which would notify the Massachusetts Department of Industrial Accident of the incident. You will receive a copy of the form, and the workers’ compensation insurance company will also receive a notice. The insurance company has 2 weeks from the day of the received notice to decide whether to pay you compensation. All companies with more than one employee must have workers’ compensation insurance. If your employers do not have workers’ compensation insurance, then you can file a civil lawsuit against your employer for violating the law, as well as requesting state funded workers’ compensation benefits.
Who Doesn’t Qualify for Workers’ Compensation?
Domestic workers, agricultural workers, and seasonal workers are not qualified to receive workers’ compensation. In these cases, when the workers are injured, their employers do not need to provide coverage for their injuries. Independent contractors also do not qualify for workers’ compensation, however, they have workers’ compensation coverage from their own main company. It depends on the situation. Call 617-225-2100 to find out if you qualify for workers’ compensation.
The Steps To Take After A Work Injury
After you have been injured at work, seek medical attention as soon as possible. When your condition is stable, contact an experienced and reliable workers’ compensation attorney that will fight to help you get the compensation you deserve. It is important that you inform your company’s supervisor, manager, owner or Human Resources Department of your work injury. Request workers’ compensation forms, and ask if there is any other required paperwork that you should fill out. Keep a journal that details the job injury or illness, describes the pain of the injury, and how the injury has affected other parts of your life. The lawyers at Bellotti Law Group, P.C. will ensure your workers’ compensation claim is filed correctly, including all important documentation. Turn in your workers’ compensation application to your boss, and they will file the claim with their workers’ compensation insurance company. Follow advice from medical professionals, especially orders to stay home from work.
What Should Employers Do After a Work Injury Takes Place?
The Occupational Safety and Health Administration (OSHA) requires their employers to notify the administration when severe work injuries arise. In tragic cases of an employee’s death, employers are required to notify the agency within 8 hours. In situations where a workplace accident causes hospitalization, amputations, or the loss of eye, the employer must report this to OSHA within 24 hours of the incident.
Creating a plan for cases of emergency is vital in order to be prepared for workplace emergencies. Different plans should be made depending on the type of accident. Employees should be taken to a safe place following a workplace accident, which will minimize the risk of additional injuries. Assess the severity of the situation and decide whether or not to file an injury claim. Gather information, photos, documentation and all other relevant evidence. Keep in contact with your employees and the insurance company throughout the workers’ compensation claim process.
Contact an Attorney
Workers' compensation covers medical treatment, lost wages, vocational training and rehabilitation, death benefits to surviving family members, etc. In some cases, workers' compensation settlements may be available for injured workers in place of weekly compensation benefits. Speak to a workers' compensation attorney to discuss your legal options.
Consult one of our attorneys before returning to work, to decide if that’s best for your case. Take action by calling us for a free consultation at 617-225-2100. Your employer and their insurance companies have their own legal team that will defend their interests. It is vital to have an experienced attorney fighting for your interests, and protecting your rights. If your claim has been denied, our attorneys will appeal your claim and make every effort to fight for the compensation you deserve.