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Massachusetts Workers Compensation Lawyer

An accident related to work may be traumatic, disturbing, and painful. If you or a loved one has been hurt at work, it is critical to do what is best to protect yourself and consult with our professional Massachusetts workers’ compensation attorney at Markey Law Partners. To help people injured in work-related accidents heal, recover, and raise their quality of life, workers’ compensation benefits (also referred to as ‘workers comp’) exist. That said, the path can be complicated and lengthy. One error can lead to denial of claims, denial of treatment, or even greater uncertainty.

In any employment, from construction sites and factories to office buildings and restaurants, workplace injuries may occur. You may be faced with substantial medical costs, lost income, and even vocational training to learn new job skills if you have been injured at work.

If you or a loved one got hurt on the job, you need an experienced workers’ compensation attorney by your side – you need one of the attorneys at Markey Law Partners. Attorney Joe Markey and the attorneys at Markey Law Partners help injured workers throughout Massachusetts. Contact us today to schedule a free consultation.

What Is Workers' Comp in Massachusetts?

Workers’ compensation laws are structured to ensure that if you are injured on the job, you are compensated. Fault is not considered in workers comp cases; you may claim compensation even though the accident was your fault if you were injured while on the job site.

Although the compensation laws of workers are designed to help you recover a portion of your losses, they do not actually seek to make you entirely whole. Markey Law Partners is focused on ensuring that you obtain the compensation that you need to completely recover. This also means finding damage from third parties, such as manufacturers of faulty equipment that may have led to your injury. Our attorneys shall assess and evaluate the detail of your case to ensure you get the justice you deserve.

An injured worker may have hundreds of questions after a workplace accident happens, and not only about their injuries and their ability to earn an income going forward, but also about their rights to compensation. A framework of workers’ compensation insurance operates to mitigate delays and employer liability.

Workers’ compensation is required for any company and/or organization under Massachusetts Law, c.152. In the state of Massachusetts, the Department of Industrial Accidents (DIA) governs the administration of workers’ compensation laws. The Department of Industrial Accidents will deal with any disputes if the claim of any injured employees is rejected.

Things to do if you got injured at work

If you are injured at work, you cannot believe that the full benefits you receive will be paid automatically or that the workers’ compensation insurer of your employer will accept your claim. In reality, the claims of many workers are ignored or undervalued.

Take steps to protect your interests after an accident at work:

Reporting Injury. It should be a top priority to report the accident as early as possible. Be sure to write the notice and keep a copy of this notice for your records.
Get Medical Treatment. If, after a workplace injury, you need emergency medical attention, pursue it. This is a right of yours. Make sure you find an approved provider if you do not need emergency treatment but need medical attention. Keep accurate records of your treatment and be sure to obey the instructions of your doctor.
Collect evidence. Did anyone saw how you got injured at your work? Does your workplace have injury video recordings? Is there any proof that the accident happened, or proof describing the nature of your injuries? If so, make sure to record all the references and forms of evidence for your records. During the claim process, this could come in useful later.
Communicate with the insurer. It's not enough to just give notice of your injury to your employer and then take your hand crossed that you will receive the compensation you deserve. Instead, you need to check back with the insurer to confirm that an accident report has been issued and your claim is processed.
Avoid social media. It might seem difficult to imagine, but an insurance adjuster appointed to your claim may look for ways to minimize your case's value and pay you less than you deserve. It can be highly harmful to your claim to post stuff to social media that show that you are not as hurt as you claim or that you have recovered and are ready to return to work.
Consult an Attorney at Markey Law Partners. It is highly recommended to hire a professional attorney at Markey Law Partners if you are filing a workers' compensation claim in Massachusetts, especially if your claim is complicated. If your claim has been rejected or you think your benefits are too small, an attorney on your side will help you.

Common Types of Workplace Comp Injuries in Massachusetts

Each workplace presents a certain risk of injury. Although certain injuries in the workplace can result in nothing more than scrapes and bruises, others can really alter life. Workers face several dangerous risks every day while on the job. Some of the most common forms of severe injuries incurred in accidents at work include:

Sometimes, severe injuries prevent employees from ever performing the tasks needed by their employment again. Permanent conditions lead to lost income, insurance complications, and overwhelming medical expenses, in addition to pain and suffering. Our Massachusetts workers compensation lawyers are keen to help victims of injuries receive the maximum and appropriate compensation they are entitled to.

Filing a Workers Compensation Claim in Massachusetts

You probably have the right to file a workers’ compensation claim for benefits if you are an employee who is injured while performing a work-related job, or if you have acquired an occupational disorder. That is your first priority if you need emergency medical treatment. Otherwise, supplying the employer with written notice of your injury is the first move since being injured at work. If you fail to give written notice to your employer, the claims process will be postponed or you may be denied comp benefits altogether.

You can then receive instructions from your employer on seeking medical treatment and continuing with the claims process after giving notice to your employer. You must obtain medical attention from an approved provider, note. If you do not, you would actually have to pay out of pocket for treatment.

While your employer will inform the insurer of your injuries on your behalf much of the time, which will start the claims process, you will initiate the process on your own if they do not.

To do this, you will need to fill out Form 110 – Employee Claim. You must send this form to the Department of Industrial Accidents. You may also be required to send copies of supporting documents, including unpaid medical bills, healthcare reports, any accident reports, witnesses’ names, and statements of witnesses.

A wrongful death case might be a suitable option to protect the future of your family in certain horrific circumstances if a workplace accident leads to death.

What are the general benefits covered under Workers Compensation?

Workers’ compensation benefits are a form of no-fault benefit designed to compensate an injured worker for any losses sustained as a result of an accident in the workplace. Benefits that are available from the workers’ compensation system in Massachusetts include benefits:

Healthcare/Medical

For those workers who are injured at work, covered by workers' compensation, and who have required medical costs due to work injury, medical benefits are available. Such benefits include reasonable medical care, medications, and travel expenses to and from medical visits.

Incapacitation

The injured worker is likely to qualify for temporary total, temporary partial, or permanent and total disability benefits whether the injury is debilitating or disabling, either permanently or temporarily. They can qualify for these benefits if an injured worker is unable to work for six or more days or can return to work but to a place where they receive less than they did before the accident, or if they are unable to perform some type of work permanently. There are partial advantages of wage-replacement. The amount of compensation varies according to the form of benefit, as well as the total average weekly wage of the injured worker prior to the incident.

Permanent Losses

Job injuries often leave patients with permanent scarring or the permanent loss of a body part's function. A worker may obtain a one-time payment for their damage when this is the case. The payment sum is dependent on the seriousness of the loss and the position of the loss.

Survivors

If a workplace injury contributes to death, the dependents of the victim will be entitled to certain forms of benefits, including weekly benefits equal to 66 percent of the average weekly wage of the deceased worker before the event, cost-of-living adjustments, and funeral benefits. In addition, vocational rehabilitation, which allows an injured worker to return to employment following an accident and injury at work, may also be available.

Timeframe to receive workers compensation in Massachusetts

The timeframe to receive benefits from workers compensation in Massachusetts can depend on various factors, including:

Medical benefits can start immediately in most instances. As soon as possible, you must be able to see a doctor of your employer’s choice. Such benefits would not start until you are unable to return to work for at least six calendar days, such as wage-replacement benefits. If you have a disability or permanent injury, once you meet full medical improvement, compensation will usually not be paid.

It will take longer to obtain benefits if the claim is disputed. You will need to file an appeal if your claim is denied, which may take months. To expedite the entire process and receive benefits soon, working with our experienced workers’ compensation lawyer at Markey Law Partners is strongly recommended.

Deadlines for Workplace Injury Claims

Timing is crucial when filing a worker’s compensation claim in Massachusetts. You could be indefinitely barred from recovery if you wait too long to inform your employer of your accident at work or to file your compensation claim.

Under the law, you are required to provide notice of workplace injury to your employer as soon as it is possible. You have four years from the date of the workplace accident to do so if you need to pursue the workplace compensation claim.

We understand your situation and defend your rights

We will make it simple for you

The workers’ compensation attorneys at Markey Law Partners know how daunting the legal process can seem. That’s why we make getting help from our office quick and easy. All you have to do is call us and we’ll start reviewing your case:

We know you deserve compensation

Every day at your workplace, you work hard. You deserve compensation should you suffer an injury or illness as a result. Our lawyers are ready to fight for your interests and to help you get the money you deserve.

Contact our Massachusetts Workers Comp Lawyers

It is a stressful experience to endure a work-related accident or illness that can affect your health, finances, and career. You could be forced to lose work time by your injury, which may lead to unbearable uncertainty on how you will account for your medical costs and other expenses. A lot of people calling our office are in pain and concerned about what will happen next.

The workers’ compensation attorneys at Markey Law Partners are part of a passionate team that will handle your workers’ compensation case from beginning to end. Our attorneys at Markey Law Partners are dedicated to fighting for the rights of workers, in and out of the courtroom across Massachusetts. Call us today for a free consultation at 781-248-4803!

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