Filing Claims for Workplace Accidents in Massachusetts
There are many precautions that employers and site managers are supposed to take to make sure their workers are safe. Unfortunately, they often fail to do so, leading to life-altering injuries. That may be why employers in Massachusetts are required to carry workers’ compensation insurance for their employees. This means that if you are injured on the job, you should receive this compensation, no matter whose fault it was.
At DiBella Law Offices, P.C., our Massachusetts workers’ compensation attorneys are familiar with the complexities of Massachusetts laws and the proper procedures for getting you the maximum compensation available. Call us today at (781) 262-3338 to learn more, or contact our offices in Methuen, Burlington, and Boston to set up a free consultation.
How Are Workers’ Compensation Claims Filed?
In Massachusetts, employers must report any injury that resulted in the employee missing five days of work or more. The day the injury occurred counts as one full day if the employee was absent for at least four hours because of the injury. The official report of injury must be filed with the Department of Industrial Accidents (DIA), which is responsible for administering the Workers’ Compensation Act.
Workers may choose their own examining physician and apply for workers’ comp after a brief waiting period, and may receive compensation retroactively if their disability persists for a certain length of time. However, workers’ compensation is not always easy to secure without the help of a competent personal injury lawyer.
Massachusetts Workers' Compensation Lawyer Near Me 855-DiBella
How Long Do You Have to File a Claim?
For injuries occurring after January 1, 1986, the time limit for filing a workers’ compensation claim is four years from the date of injury. The four-year period may be extended for an employee who was unaware of the connection between his disability and the job accident – for example, certain occupational diseases caused by exposure to toxic materials. The four-year period would start when the employee learns (usually from a diagnosing physician) that he was sickened by exposure on the job.
We've offered crucial support and guidance to individuals who have suffered injuries, ensuring their financial and emotional well-being.
What Types of Workers’ Compensation Benefits Are Available?
After an injury at work, your employer must fill out a report of injury. Copies of the report need to be given to the DIA and your employer’s workers’ compensation insurer. Your employer must also give you the report within seven days of when they received notice that you had been injured.
Once this process begins, a Massachusetts workers’ compensation lawyer can help you apply for the following benefits:
- Temporary payments to cover lost wages until you can return to work
- Partial disability payments if you can return to work but have limitations
- Permanent disability payments if you are unable to return to work
- Full payment for medical expenses
- Compensation for scarring, disfigurement, or other permanent conditions
- Job retraining if your work injury requires a change of career
At DiBella Law Offices, P.C., we have access to insurance experts and actuaries who can help bolster your claim, and if you choose to file a third-party claim, we are prepared to take your case all the way to a judge and jury.
Have You Sustained a Work Injury? We Can Help.
Although paying for an attorney seems expensive, you’d be surprised at how little good legal representation can cost. In fact, our attorney fees are often paid by your employer’s insurance company.
If your loved one died due to a workplace injury, his or her spouse and dependents may receive monthly income through workers’ compensation death benefits. In certain egregious circumstances, a wrongful death lawsuit may be the most appropriate way to secure your family’s future.
Call DiBella Law Offices, P.C., today at (781) 262-3338 for a no-cost discussion with our workers’ compensation lawyers about your situation.