Workers' Compensation FAQs
In the state of Massachusetts, if you get hurt at work, you need to make a workers' compensation claim. A workers' compensation claim is the only option you have to get any money from your employer to compensate you for the injury you suffered at work, since the workers' comp law prohibits you from filing a personal injury lawsuit against your employer.
Because workers' compensation is your only legal recourse against your employer for a work-related injury, it is essential that you fully understand your legal rights and obligations for making a workers' comp claim. To help you better understand your legal rights, the Boston workers' compensation lawyers at the Law Offices of Jeffrey S. Glassman, LLC have prepared workers' compensation FAQ. These questions and answers provide you with an introduction to Massachusetts workers' comp laws, but there is no substitute for proper legal advice. That's why we also offer free no-obligation consultations to people who suffer an injury at work. Contact us today using our online form or via phone at (617) 367-2900 to learn how we can help.Boston Workers' Compensation FAQ
The following workers' compensation FAQ will get you started on making your workers comp claim and help you to better understand the laws that protect injured workers in Massachusetts.
- When can I make a workers' compensation claim?
You can make a Boston workers' compensation claim whenever your injury happens as a direct result of work tasks. This is true even if your injury happens off the normal job site and even if your employer isn't negligent. It is even true if you are negligent in some way that contributes to your injury, as long as you weren't drunk or intoxicated or violating a clear company policy or safety rule.
- What does workers' compensation cover?
Workers' compensation benefits are defined by statute and include coverage for medical costs, partial lost wages, and temporary or permanent disability (either partial or total). Pain and suffering damages, emotional distress compensation and punitive damages are not available under workers' compensation.
- How do I make a workers' compensation claim?
You will need to file a notice of your injury (First Report of Injury) to your employer after you suffer a work related injury or become ill as a result of your work duties. Your employer will review the report and other medical information and details related to your injury. Your claim will either be approved and benefits will begin or be denied and you will need to appeal.
- What if I am denied workers' compensation benefits?
If you are denied workers' compensation benefits, there is an administrative appeals process. You should get help from a workers' compensation lawyer to learn more about the appeals process and to appeal the denial. You have a limited window of time in which to appeal, so do not hesitate to contact a lawyer or you may find your claim is time-barred.
- What if I am disabled?
If you are disabled as a result of the work injury, you will be able to receive temporary disability benefits until you reach maximum medical improvement. You may then be entitled to permanent disability benefits if your injury prevents you from working on a long-term basis.
- What if I am only partially disabled?
Partial disability benefits are available through workers' compensation if your earning power is limited by your injury but if you are still able to work.
- Do I need a lawyer for a workers' compensation claim?
In very simple work injury cases, you may not need a lawyer to make a workers' compensation claim. However, employers and insurers often try to minimize the benefits that you are paid, to miscategorize injuries or even to force you back to work before you are ready. Getting a lawyer is a smart move to protect your right to receive the full workers' compensation benefits the law allows and it is essential if your claim is denied.
To learn more about how a Boston workers compensation lawyer can help you if you are suffer an injury at work, contact The Law Offices of Jeffrey S. Glassman, LLC today at (617) 367-2900 or using our online form.