Every year in Massachusetts, there are hundreds of workers harmed while on the job. While many of these workers are employed in industries that utilize heavy equipment and machinery, but a workplace injury can happen in any line of work – even those considered “safe.”
When a workplace injury occurs, an injured worker may have dozens of questions, and not only about their injuries and their ability to earn an income moving forward, but also about their rights to benefits.
At Brooks Law, our Massachusetts workers’ compensation lawyer can help you understand your rights and options after a workplace injury, how to file a workers’ compensation claim, what benefits are provided through workers’ compensation, the potential for a third-party liability claim, deadlines after a workplace injury, and other how to protect your rights after an injury at work.
To learn more today, please contact us online or by phone to get started with a free consultation.
When an employee is injured during the course of employment in Massachusetts, they deserve to be compensated for the harm that they have suffered. In order to reduce delays and employer liability, a system of workers’ compensation insurance exists.
Through workers’ compensation insurance, a worker who is injured at work can recover benefits, regardless of fault, for their injuries. While a worker does not need to prove fault in order to recover compensation, they are also barred from filing a lawsuit directly against their employer even if the employer did something wrong.
Workers’ compensation benefits consist mainly of payment of related medical expenses and partial replacement of lost wages due to missed work time because of the injury and recovery period.
If you are an employee who is injured while performing a work-related task, or if you have developed an occupational disease, you likely have the right to file a workers’ compensation claim for benefits.
If you require emergency medical attention, that is your first priority. Otherwise, the first step after being injured at work is to provide your employer with written notice of your injury. If you fail to provide your employer with written notice, the claims process may be delayed, or you could be denied benefits altogether.
Following providing your employer with notice, you should then receive instruction from your employer about receiving medical care and proceeding with the claims process. Remember, you must seek medical care from an approved provider. If you do not, you will likely have to pay for the care out of pocket.
While, most of the time, your employer will notify the insurer of your injury on your behalf – which will initiate the claims process – if they do not, you can initiate the process on your own.
To do this, you will need to download and fill out Form 110 – Employee Claim. You will need to send this form to the Department of Industrial Accidents. You will also need to submit copies of supporting documents, including unpaid medical bills, medical reports, any accident reports, witnesses’ names, and witness statements.
Workers’ compensation benefits are a type of no-fault benefit that is designed to compensate an injured worker for certain damages that are suffered as a result of a workplace accident.
In Massachusetts, benefits that are available from the workers’ compensation system include:
In addition, vocational rehabilitation may also be available, which assist an injured worker in returning to employment after an on-the-job accident and injury.
How long it takes for you to receive benefits can depend on various factors, including:
In most cases, medical benefits will begin immediately. You should be able to see a doctor of your employer’s choosing as soon as is necessary. Other benefits, such as wage-replacement benefits, won’t start until you have been unable to return to work for at least six calendar days. If you have a disability or permanent injury, benefits will likely not be paid until you reach maximum medical improvement.
If your claim is disputed, it can take longer to receive benefits. If your claim is denied, you may need to file an appeal, which could take months.
In order to decrease the amount of time it takes to settle your claim, working with an experienced workers’ compensation lawyer is strongly recommended.
While workers’ compensation can be critical in helping workers who are injured at work recover the benefits and compensation that they need, workers’ compensation isn’t a perfect system, and it doesn’t fully compensate a worker for all of the losses that they suffer.
Workers’ compensation only pays for medical expenses and a portion of lost wages. However, a worker may suffer financially as a result of their lost wages to a degree that partial compensation does not remedy the loss, and may also suffer noneconomic damages, such as pain, suffering, and emotional distress, too. Unfortunately, workers’ compensation insurance does not permit the recovery of noneconomic damages.
While an injured worker is barred from filing a claim against their employer for damages, a worker may bring a third-party liability claim when appropriate. This type of claim is a civil action that is filed against a third party (not the employer) that alleges:
In a third-party claim, a worker can seek damages for noneconomic losses. However, because fault is a necessary factor in a third-party liability claim, an injured worker’s damages can be reduced in proportion to their degree of fault.
When filing a workers’ compensation claim in Massachusetts, time is important. If you wait too long to inform your employer of your workplace accident or to file your claim for benefits, you could be permanently barred from recovery.
You are required under law to provide notice to your employer of the workplace injury as soon as it is practical. If you must initiate the workers’ compensation claim yourself, you have four years from the date of your workplace accident to do so.
If you are filing a third-party liability claim in addition to or instead of a workers’ compensation claim, a different statute of limitations (time limit) will apply.
Found in Massachusetts General Laws Chapter 260 Section 2A, a claim for recovery for personal injuries must be brought within three years of the date of accident. If you wait longer than three years, it is almost certain that a court will refuse to hear your case.
The discovery rule is one potential exception that could extend the deadline. For example, if you developed an occupational illness from exposure to a toxic substance at work, the deadline for a third-party claim could be put on hold until you discovered – or reasonably should have discovered – the illness and its relation to your work.
If you are hurt at work, you should not assume that you will automatically be paid the full benefits you deserve or that your employer’s workers’ compensation insurer will approve your claim. In fact, many workers’ claims are denied or undervalued.
In order to protect your rights after an injury at work, be sure to:
Workers in virtually any line of work can suffer serious injuries. Some examples of workplace injuries include:
Injuries are frequently suffered by:
If you have suffered any injuries while at work, don’t hesitate to call a workers’ compensation lawyer.
Being involved in a work accident can be scary, and may leave you with many questions about the future and how you will support yourself moving forward. At Brooks Law, our Massachusetts workers’ compensation attorneys can build your case, represent you in all interactions with your employer and insurer, and negotiate a settlement. We also handle third-party liability claims if someone other than your employer or a co-worker caused your accident.
Contact us today to learn more during a free consultation.