Worcester Workers' Compensation Attorney

Workers' compensation is a crucial safety net for employees who suffer injuries or illnesses on the job. In Worcester, as in the rest of Massachusetts, workers' compensation laws are designed to protect both employees and employers. Our workers’ compensation attorneys will walk you through the essentials of workers' compensation, helping you understand your rights, the benefits available, and the process of filing a claim. Contact us now for a free consultation at (617) 777-7777.

Workers' compensation is a form of insurance that provides wage replacement and medical benefits to employees who are injured in the course of employment. Employees generally relinquish their right to sue their employer for negligence in exchange for these guaranteed benefits.

In Worcester, as in all of Massachusetts, most employers are required by law to carry workers' compensation insurance. This system ensures that workers receive prompt and fair compensation for work-related injuries or illnesses, regardless of fault.

Almost all employees working in Worcester are covered by workers' compensation insurance from their first day on the job. This includes:

• Full-time employees
• Part-time employees
• Seasonal workers
• Minors
• Undocumented workers

There are some exceptions, such as independent contractors, certain domestic workers, and some agricultural workers. However, these exceptions are limited, and many workers who are classified as independent contractors may be misclassified and should be covered.

Workers' compensation in Worcester covers a wide range of injuries and illnesses that arise out of and in the course of employment. This includes:

• Traumatic injuries (e.g., falls, machinery accidents)
• Repetitive stress injuries (e.g., carpal tunnel syndrome)
• Occupational diseases (e.g., mesothelioma from asbestos exposure)
• Mental health conditions caused by work-related stress or trauma

It's important to note that injuries sustained while commuting to and from work are generally not covered unless you were performing a work-related task during your commute.

If you're injured on the job in Worcester, you may be entitled to several types of benefits:

• Medical Benefits: All reasonable and necessary medical treatment related to your work injury is covered, including doctor visits, hospital stays, prescriptions, and rehabilitation.
• Temporary Total Incapacity Benefits: If you're unable to work for six or more full or partial calendar days, you're eligible for weekly compensation equal to 60% of your average weekly wage.
• Partial Incapacity Benefits: If you can work but earn less due to your injury, you may receive 60% of the difference between your pre-injury average weekly wage and your post-injury earning capacity.
• Permanent and Total Incapacity Benefits: If you're permanently unable to do any kind of work, you may receive two-thirds of your average weekly wage, as well as annual cost-of-living adjustments.
• Specific Loss Benefits: These are paid for the loss of function of certain body parts, disfigurement, or scarring.
• Vocational Rehabilitation: If you can't return to your previous job, you may be eligible for vocational rehabilitation services to help you return to suitable employment.

If you're injured on the job in Worcester, follow these steps:

• Seek medical attention immediately.
• Report the injury to your employer as soon as possible. While you have up to 4 years to file a claim, it's best to report injuries promptly.
• Your employer should file an Employer's First Report of Injury or Fatality (Form 101) with their insurance company and the Department of Industrial Accidents (DIA) within 7 calendar days if you've been unable to earn full wages for 5 or more calendar days.
• The insurer has 14 days to investigate the claim and decide whether to pay benefits or deny the claim.

If your claim is denied, or if you're not receiving the benefits you believe you're entitled to, you have the right to file a claim with the DIA. This initiates a multi-step dispute resolution process that includes conciliation, conference, and hearing stages.

While the workers' compensation system is designed to be straightforward, many workers in Worcester face challenges when filing claims:

• Claim Denials: Insurers may deny claims for various reasons, such as disputing whether the injury is work-related or claiming a pre-existing condition.
• Insufficient Benefits: You may receive less compensation than you believe you're entitled to.
• Pressure to Return to Work: Some employers or insurers may pressure injured workers to return to work before they're medically ready.
• Independent Medical Examinations (IMEs): The insurer may require you to see a doctor of their choosing, who may provide an opinion that differs from your treating physician.
• Retaliation: While it's illegal, some workers face retaliation from employers for filing workers' compensation claims.

Employers within Worcester must abide by workplace safety standards and ensure a safe environment for workers. In recent years, many Worcester, MA employers have failed to live up to their obligations. The Occupational Safety and Health Administration (OSHA) has cited employers for:

• Failure to provide required protections for employees working in trenches.
• Exposing workers to lead in the workplace.
• Unguarded conveyor belts that left workers at risk of pinch injuries.

These are just a few of many examples of Worcester employers failing workers by not following safety rules established under federal law.

Navigating the workers' compensation system can be complex and overwhelming, especially when dealing with an injury or illness. Our Worcester injury attorneys have extensive experience handling workers' compensation cases in Worcester and throughout Massachusetts.

Our team can assist you by:

• Explaining your rights and the benefits you're entitled to
• Ensuring your claim is filed correctly and on time
• Gathering and presenting medical evidence to support your claim
• Negotiating with insurance companies on your behalf
• Representing you in hearings before the Department of Industrial Accidents
• Appealing denied claims
• Protecting you from employer retaliation

We understand the physical, emotional, and financial toll that a work-related injury can take on you and your family. Our goal is to ensure you receive the full benefits you deserve, allowing you to focus on your recovery.

Workers' compensation is a vital protection for employees in Worcester, but the system can be challenging to navigate. Understanding your rights, the benefits available, and the claims process is crucial to ensuring you receive the compensation you deserve after a work-related injury or illness.

If you've been injured on the job in Worcester, don't hesitate to seek legal advice. At Jeffrey Glassman Injury Lawyers, we're committed to protecting the rights of injured workers and ensuring they receive the full benefits they're entitled to under Massachusetts law. Contact us today for a free consultation and let us help you navigate your workers' compensation claim. Call us for a free consultation at (617) 777-7777.