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Workers’ Comp Attorney Massachusetts

Workers’ Compensation: Your Safety Net at Work

You are a Boston worker, and you need your workers’ compensation claim to be handled right. It’s important to find experienced, qualified help. The wrong personal injury attorney can cost you.

But the right workers’ compensation attorney in Boston Massachusetts can save you thousands of dollars and make sure that you are receiving the full amount of benefits to which you are entitled.

Workers’ compensation provides medical care, lost wages, and disability benefits to eligible employees. Navigating this process can be complex, but with the right guidance, you can receive the support you deserve.

Quick Summary

Below is an overview of the critical points of this blog article.

  • You might qualify for Workers’ Compensation benefits if you’re hurt at work and can’t earn your full pay for five days or more or need medical care due to a work accident. These laws vary by state but generally aim to protect injured workers without assigning blame.
  • Workers’ compensation benefits start immediately when an employee is hurt, covering medical treatment without co-pays. However, weekly payments only start after five days off work unless the injury keeps them out for twenty-one days or more.
  • Workers’ compensation in Massachusetts covers injuries or illnesses sustained while an employee is at work. The law defines “at work” as being injured while performing regular duties.
  • Workers’ Compensation in Massachusetts covers various injuries and illnesses, including visible injuries, diseases like COPD and COVID-19, mental health issues, and scarring.
  • Workers’ Compensation benefits include Temporary Total Disability (TTD) for those unable to work for five days, paying about 60% of their weekly earnings.
  • Partial Disability benefits are for those who can work but only do light tasks. They receive about 75% of the difference between their pre-injury and post-injury wages.
  • Permanent and Total Disability benefits are for those who are completely unable to work. They provide about 66% of their weekly pay, with potential cost-of-living increases.
  • Report any workplace accidents immediately, even if they’re minor. Quick reporting is crucial. Your workers’ compensation claim won’t be automatically approved if you delay reporting, as the insurance company needs evidence to prevent false claims.
  • In Massachusetts, you have four years from your accident to file a workers’ compensation claim. The Department of Industrial Accidents (DIA) may extend this deadline in some instances, such as when injuries from workplace accidents develop over time.
  • If you find a new job after receiving workers’ compensation in Massachusetts, you may still receive benefits, but the amount and type may change. Your workers’ compensation payments may decrease if your new job pays more than before your injury.
  • In Massachusetts, independent contractors are not covered by workers’ compensation because they are considered self-employed, doing business with companies rather than working for them.

Workers’ Compensation: An Overview

You may be eligible for Workers’ Compensation benefits if you are injured at work and cannot earn your full pay for five days or more or if you need medical care due to an accident at work. Worker’s compensation laws are written and exist in every state of the union, although they vary from one to another. 

On the other hand, all workers’ compensation laws are meant to be “no-fault” legislation in favor of the injured worker. The law requires workers’ compensation insurance for the benefit and protection of all employees.  

Massachusetts law mandates a “no-fault” insurance scheme that guards employers against personal responsibility for an employee’s workplace accident. Injured employees may obtain workers’ compensation payments instead of suing for personal injury damages in court, regardless of who was to blame for the accident.

Massachusetts workers encounter a slew of hazards in their workplace daily. Employees experience some “wear and tear,” whether hanging from bridges or sitting behind a desk, and they often push through the pain to complete their tasks. Workers with pre-existing conditions are also eligible for workers’ compensation payments.

They must prove that a job-related accident worsened their condition. The employment injury must have directly caused the aggravated damage, necessitating reimbursement for further medical treatment or disability leave.

When Do Workers’ Compensation Benefits Start?

Workers’ compensation coverage begins immediately when an employee is injured at work. When a workplace injury or illness occurs, the employee can receive coverage for their medical treatment. This helps them concentrate on getting better without considering co-pays or deductibles. 

However, weekly payments don’t begin until the employee has been off work for five days. Injured employees are not paid for the initial five days of disability unless they cannot work for twenty-one days or more.

When is an Injury Covered by Workers’ Compensation in Massachusetts?

Workers’ compensation covers any injury or illness occurring while an employee works. However, it’s essential to understand the specific meaning of “at work” in the law. Being injured “at work” means the injury happened while the worker did their regular job duties. 

There are rules about who qualifies as an employee for workers’ compensation. Someone might work for an employer but not be considered an employee under the law. According to Massachusetts General Law Chapter 152 Section 1, an employee works for another person under any hiring agreement. 

The law exceptions certain people who work for others but aren’t considered “employees” for workers’ compensation. These individuals must follow a different process to get compensation for their injuries.

Injuries Covered by Massachusetts Workers’ Compensation

Covered personnel under the Workers’ Compensation Act who suffer from the following employment injuries or illnesses are eligible for benefits:

  • Visible injuries or trauma
  • Diseases and illnesses (i.e., COPD, cancer, hepatitis, COVID-19)
  • Mental or emotional illnesses
  • Scarring or disfigurement

When you file for worker compensation payments, the insurance company will want to know everything about your injury. Most injuries should be covered as long as they happened while you were on the clock and doing your work obligations.

Suppose you were injured at work in Boston and are now coping with the symptoms of post-traumatic stress disorder (PTSD), severe depression, crippling anxiety, or other mental health difficulties resulting from the injury. In that case, you should be covered by workers’ compensation for these conditions.

For work-related ailments, you may be entitled to workers’ compensation payments. For example, if you work in the construction business and have been frequently exposed to asbestos and acquired mesothelioma, your employer’s worker compensation coverage should kick in to compensate you.

Types of Workers’ Compensation Benefits 

Temporary Total Disability

If you incur a work-related injury and cannot do your job for five days, you are eligible for TTD cash payments. Payment is made at approximately 60% of your typical weekly earnings.

Partial Disability

If you can return to work after a job-related sickness or accident but can only do certain tasks (light duty), you are called partly handicapped. If you are partially incapacitated, you are entitled to approximately 75 percent of the difference between your average weekly salary before the injury and your average weekly wage or earning capability after your partial impairment.

Permanent and Total Disability

Suppose you are still fully incapacitated from your previous job and any other job. In that case, you may be eligible for permanent and total disability payments for the rest of your life. You may also qualify for an annual cost of living allowance. If approved, you will get approximately 66 percent of your weekly pay, up to the maximum of the statewide average.

When Should I Report My Workplace Accident?

Any injuries from workplace accidents need to be reported immediately, even if minor. Quick reporting is essential. While emergency care is typically covered, your workers’ compensation claim won’t be approved automatically if you report later. 

Your employer’s insurance company will need evidence of the accident and your injuries to prevent false claims and reduce the company’s expenses. If you wait to report, the insurance company might doubt your claim.

How Long Will I Have to File a Workers’ Compensation Claim?

In Massachusetts, the statute of limitations for workers’ compensation claims is four years from the date of the accident. This implies that you may only pursue a workers’ compensation claim if the injury occurred within the past four years. The Department of Industrial Accidents (DIA) may sometimes extend the four-year timeframe for submitting claims. 

If you were hurt in a workplace accident but didn’t realize it until much later, you may be eligible for an extension to file a worker’s compensation claim. Certain occupational ailments might develop over time due to regular exposure to dangerous substances. 

Can I Still Get Massachusetts Worker’s Compensation After Finding a New Job?

It is possible to locate a new job after collecting workers’ compensation without losing all of your benefits. The kind and quantity of benefits you get may vary. The amount of money you get from workers’ compensation may be lowered in proportion to your new income. 

You may forfeit your full worker’s compensation payout if you make more money than before your injury. However, your medical care for work-related injuries should still be covered. Call a workers’ compensation attorney if you have obtained new employment but still need workers’ compensation benefits.

Can Independent Contractors Use Workers’ Compensation in Massachusetts?

Independent contractors are not considered employees under the law. They are technically self-employed and do business with companies rather than work for them. Because of this, independent contractors are not covered by the state’s workers’ compensation insurance requirement. 

They often set their schedules, work for multiple companies, and perform work different from the primary business of the company they contract with.

Speak with an Experienced Workers’ Compensation Lawyer in Boston

If you were injured at work, our workers’ comp lawyers are ready to answer your questions and help you determine whether you are entitled to workers’ compensation benefits. Many different injuries may qualify for disability benefits payment and reimbursement, so you must explore your potential rights even if you are unsure whether you are eligible.

We have counseled workers and their families around Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, and Peabody. We provide a free consultation to help you learn more about the legal system and how we can assist you. 

Our law firm can also represent in Distracted Driving, Highway Accidents, and Teen Driver Accidents.

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