What You Need to Know about Workers Compensation Claims
Under Massachusetts law, the vast majority of employers are required to carry workers’ compensation insurance. This insurance provides financial protection for employees who incur medical bills and miss time from work due to injuries and illnesses they suffer on the job. It can also provide death benefits to surviving family members following fatal work-related injuries.
Boston workers compensation attorney John J. Sheehan helps workers and families throughout Massachusetts file successful claims for workers’ compensation. Whether to avoid setting a precedent or simply to protect their bottom line, many employers vigorously oppose their employees’ claims for benefits. John J. Sheehan has experience taking on some of the largest companies in Massachusetts, and will fight tirelessly to ensure that you receive the compensation you deserve.
- Can I Not Sue If My Employer Has Insurance?
- How Much Can I Recover?
- How Do I File a Workers’ Compensation Claim in Massachusetts?
- How long do you have to file a workers compensation claim?
- What benefits are you entitled to receive under workers compensation?
- What is the employer’s responsibility to file a workers comp claim?
- If your employer does not have workers compensation insurance, what can you do?
- When do you start receiving workers comp benefit checks?
- What can you do if the insurance company denies you compensation?
If My Employer has Workers’ Compensation Insurance, Does this Mean I Can’t Sue for My Injuries?
The workers’ compensation system takes the place of filing a personal injury or wrongful death lawsuit against your employer for a work-related illness or injury. This means that, with few exceptions, workers’ compensation is your only option for seeking compensation from your employer.
This does not, however, mean that employees are prevented from filing lawsuits against other companies that are to blame for their work-related injuries. For example, if you are injured by a defective tool or piece of machinery, you may be able to seek workers’ compensation benefits from your employer and also file a product liability claim against the tool or machine manufacturer.
Of course, if your employer refuses to pay the benefits to which you are entitled, you are not without recourse. There are administrative procedures for forcing employers to pay; and, if necessary, John J. Sheehan will take your company to court. John has helped numerous clients win substantial workers’ compensation payouts from employers and insurance companies that initially refused to pay. Read about so me of our success stories.
How Much Can I Recover for My Work-Related Injury through Workers’ Compensation?
The trade-off with workers’ compensation being a no-fault system – meaning that your employer does not have to be to blame for your injuries in order to be liable for workers’ compensation – is that the benefits available are somewhat limited as compared to the damages that workers and their families can recover in personal injury and wrongful death lawsuits. Even so, workers’ compensation payouts can be substantial, and this is why many employers will fight against their employees’ claims for benefits.
In Massachusetts, the benefits available through workers’ compensation include:
- Medical Bills – You are entitled to recover all of the medical expenses arising out of your on-the-job injury.
- Partial or Total Disability – With some limitations, you are entitled to a portion of your salary for the period of time that you are unable to return to work.
- Permanent Impairment – If your injuries permanently prevent you from performing your job duties, you are entitled to workers’ compensation for as long as you are disabled.
- Death Benefits – In the case of a fatal work injury, the employees’ dependents can receive benefits for the loss of their loved one. The Massachusetts workers’ compensation law also has a provision to cover reasonable burial expenses.
Again, most employers and insurance companies will try to pay less than you are owed. You should never rely on their calculations or their claims about your right to compensation. Attorney John J. Sheehan can communicate with your employer and their insurance company directly on your behalf to ensure that they do not try to take advantage of your situation.
How Do You File a Claim for Workers’ Compensation in Massachusetts?
If you have suffered an injury on the job, you should file your workers’ compensation claim as soon as possible. While you have up to four years to file for benefits, the longer you wait, the more difficult it can become to file a successful claim.
To file a claim, you must submit a fully completed Employee Claim – Form 110 to the Massachusetts Department of Industrial Accidents (DIA). Our attorneys can work with you to ensure that you complete the form properly. You should also immediately report your injury to your employer. This will not only help with establishing your claim, but is also important because you may be required to see a doctor designated by your company. If you see your own doctor, you may not be entitled to reimbursement.
Once you report your injury, your employer has a short window to file its form with its insurance company and the DIA. Then, the insurance company has 14 days to conduct an investigation and make a determination as to the benefits it is going to offer. While this can all get complicated very quickly, our attorneys have decades of experience and can guide you every step of the way.
How long do you have to file a workers compensation claim?
Under Massachusetts law, you must file a compensation claim within four years from the date you first became aware that your disability or personal injury was work related. For a work-related death, the surviving family has four years after the death to file a claim.
What benefits are you entitled to receive under workers compensation?
Workers compensation covers medical expenses and, in some cases, lost wage benefits, rehabilitation, and reimbursement for travel expenses for treatment.
What is the employer’s responsibility to file a workers comp claim?
Once you report your work-related injury and miss five work days, your employer has seven days (not including Sundays or legal holidays) to file an Employer’s First Report of Injury Or Fatality Form – Form 101 with the Department of Industrial Accidents (DIA) and the company’s insurance carrier.
When do you start receiving workers comp benefit checks?
After your employer files a Form 101, the insurance carrier has 14 calendar days to either mail you a check or contest your claim and state the reason for denied compensation.
What can you do if the insurance company denies you compensation?
Thirty days after the date of your disability, you can submit an Employee Claim – Form 110, which requests a hearing to contest the denial. It is wise to consult a Boston attorneys who can help you with filing paperwork.
Contact Boston Workers Compensation Attorney John Sheehan
If you have been injured on the job, we encourage you to contact us right away. We provide experienced, aggressive legal representation, and will fight to make sure that you receive the money you need to take care of yourself and your family.
We offer free consultations, and there is no fee unless we win your case. If you are too injured or sick to travel, attorney John J. Sheehan will gladly come to you. To get started on your road to recovery, call us at 877-762-9510 or contact us online today. Hablamos Español.
Serving injured workers and accident victims throughout Massachusetts and injured workers who live in New Hampshire or Rhode Island who are employed in Massachusetts.