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Understanding Your Massachusetts Workers' Comp Benefits
Workers’ compensation—also known as workers’ comp, workman’s comp, or worker compensation—is a form of restitution that companies provide for damages sustained during employment or performing employed functions. Workers’ comp is a way to get paid for damages and income loss if you hurt yourself on the job.
Workers’ compensation ensures you receive compensation for injuries and damages sustained during work. If you break your arm as a mechanic or landscaper, you can’t work. Losing out on that work means your income is damaged, and you cannot pay your medical bills if your income is damaged. An injury can snowball into a huge problem.
Not sure how to file workers’ compensation? You file a claim through your company’s insurance or HR department when you are injured. Every company and business is different, so make sure you discuss your rights with workers’ comp lawyers who are experts in their field. Workers’ comp attorneys ensure that the process is followed and you receive the necessary restitution for your damages.
How a Workers’ Compensation Injury Claim Should Proceed
- Once you are injured, your employer must provide you with the appropriate paperwork and guidance
- After you receive your injury, you must notify your employer of the damage
- You must file a workers’ compensation claim per company policy
- The employer must file a claim with the insurer of their worker’s compensation plan
- The employer must comply with state laws for reporting workplace injuries
If these steps are not followed, you should contact lawyers for workman’s comp.
Call a lawyer for workman’s comp if your business or company refuses to pay your worker’s compensation. Workers comp attorneys are experts at ensuring you receive suitable restitution and can help you understand the often complex and twisted legal jargon of what constitutes as worker’s compensation for your company.
It is rarely clear who is covered under workers’ compensation. Ordinarily, workers’ compensation covers individuals employed by the company and injured while performing work for that company. For example, if you are a mechanic who breaks their wrist installing brakes or slips on an oil spill, you may be entitled to workers’ compensation, but you’re less likely to be covered if you are injured in an automobile accident on the way to work outside of work time.
Those not eligible for workers’ comp vary from business to business, contract to contract, and plan to plan. However, a good rule of thumb is that part-time workers or volunteer workers usually do not receive workers’ compensation for injuries sustained while working.
For example, someone who is a holiday hire—meaning they are only hired to work through the holiday season—would not be eligible for workers’ compensation. Again, these are subject to each company, business, and state law. For more information, we recommend contacting workers’ comp lawyers who know how to ensure you receive compensation if it is deserved and expected.
Suppose you are an employee who believes they deserve compensation. In that case, we encourage you to contact workers’ comp lawyers here at Your Legal Rights Advocates to help ensure you receive the restitution you deserve.
If you have been injured on the job, it is highly recommended that you consult with a workers’ compensation lawyer. An attorney can help you navigate the complex legal system and ensure that you receive the benefits and compensation you are entitled to.
Factors that may warrant the need for an attorney include severe injuries, inability to return to pre-injury health, inability to work, pre-existing conditions, disputes with employers or insurance companies, and lack of employer insurance.
What Constitutes a Workers’ Comp Claim?
You might be entitled to workers’ compensation claims if you suffered from the following. This can help put money in your pocket when you are out of work and cover many outstanding medical bills for treatment–both immediate and long-term.
Broken Bones
If you break your bones while working, that’s when you would want to file a workers’ compensation claim. Many jobs require physical labor, and physical labor—even with proper safety equipment and practices—can still result in broken bones.
Head Injury
Head injuries are also a workers’ compensation claim. Many workers’ comp lawyers consider a head injury as anything that happens above the neck. Breaking your cheekbone, losing teeth, or fracturing your skull can result in a claim.
Hearing Loss or Damage
Some jobs have loud noises, and prolonged work in that field can lead to damaged hearing or outright deafness. You might need a lawyer to be capable to receive your restitution and prove it is not an underlying condition.
Chemical Exposures
Workers' compensation covers the most common chemical exposures that lead to cancer, mesothelioma, or other debilitating conditions. Other chemicals, not necessarily gaseous, can also contribute to a chemical exposure claim.
Traumatic Brain Injury
If you fall at work and it leads to a traumatic brain injury where you are left physically deficient, that is a workers’ comp claim. We highly recommend you or a loved one have workers’ comp lawyers for life defining event.
Spinal Cord Injury
Similar to broken bones claims, spinal cord injuries are life-defining. Sometimes these injuries can leave a person completely disabled from the waist down or greatly hinder their mobility. Workers’ comp can alleviate the eventual loss of income.
Internal Harm
If you develop ulcers, burst your appendix, or experience another internal injury due to work, that can become a worker’s compensation claim. If your place of employment has resulted in you receiving internal injuries—whether by stress, physical labor, or dangerous inhalants—you may be entitled to compensation.
Death
No one likes talking about death on the job, but it’s an important situation you need to consider. If you die while working, your loved ones are entitled to financial compensation through restitution, funerary, and burial costs. As horrible as it may sound, many companies use your absence as an excuse not to pay for funerary costs.
Why & When Should You Seek a Workers' Comp Attorney?
It’s unfortunate that not all companies are egalitarian and fair with their employees. If a company can avoid paying workers’ compensation to an employee, nine times out of 10, they will try to minimize the financial burden. Some companies can bind your workers’ compensation claim up in “investigations” and “loss prevention,” hindering the necessary care you need to recover and return to work.
We recommend contacting workers’ comp lawyers when you feel your company’s existing worker compensation or HR takes too long or does not meet your needs. As mentioned, companies will try to minimize the risks as much as possible, so ensuring you have someone who can fight on your behalf, knows all the jargon and tricks they employ, and can reward you with excellent compensation.
You should also contact workers’ comp attorneys if your company is lying to you about your compensation. If a manager or HR representative tells you a particular injury is not covered under workers’ compensation and you believe they are lying, contact Your Legal Rights Advocates and speak to one of our lawyers for workman’s comp. You should also seek workers’ comp attorneys if your claim is denied to ensure no information was misinformed or misrepresented by your employer.
(855) 254-7841Legal Rights Advocates' Promise To You
Regardless of your work, you deserve compensation if that work results in injury. Whether it is an electrical shock during electrical installation or a broken arm from a slip and fall down the aisle, workers’ compensation insurance can help you receive the restitution you deserve.
However, many companies are trying to avoid paying restitution. Many are using clever tactics such as claiming you are an independent contractor or volunteer employee or that worker’s compensation does not cover the damage. It can be a grueling, dangerous battle; if you are not prepared, you will be swallowed up.
At Legal Rights Advocates, we understand that it can be daunting to challenge your employer in the event of workers’ compensation. That is why we encourage you to contact our expert workers’ comp lawyers to ensure you receive the best compensation.
We will fight for you to receive the best compensation while maintaining your employee protection.
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