Lost Wages, Disability and Medical Costs Benefits
The goal of workers compensation is to provide injured workers and their families with the ability to collect wage loss benefits for a period of time depending on the injury. Wages are usually paid on a weekly basis with total or partial disability options, covering the cost of medical care, death benefits, retraining expenses, etc., basically everything that is connected to being injured on the job.
We concentrate in Massachusetts workers compensation and have secured benefits for hundreds our clients in the Boston & greater Lowell area for over 22 years. We are committed and dedicated to fighting for injured workers and want to help you.
Injured or Sick Employees
Employees who become injured or sick on the job due to an accident or incident are eligible for worker’s compensation. In the state of Massachusetts, the Department of Industrial Accidents is the agency responsible for ensuring the workers’ compensation laws are followed. The Department of Industrial Accidents will hear your claim if you are denied benefits. The Department of Industrial Accidents is the only agency for an employee to secure benefits when denied by an insurance company. We can help you to start your claim or file an appeal when you are hurt or become sick, or injured on the job.
Seek Legal Guidance
According to the Department of Industrial Accidents, half of the claims filed are not disputed by the employer or the insurer. However, it is recommended that employees seek legal guidance if the claim is disputed. The reason is that workers’ compensation law is very complex. It takes a seasoned veteran of the law to know what to do in each scenario and to ensure that you are receiving all the benefits you are entitled to receive. Not just the ones the insurance company offers to pay you. If you win, the law of the state requires that the insurance company pay your attorney fees. If you settle your claim by way of a Lump Sum Settlement our firm takes a fee on a contingent bases from those proceeds. Typically only 15% to 20% of the lump sum settlement. With the assistance of a workers’ compensation attorney, you stand a better chance of seeing your claim approved after a dispute is made, especially if you work with the attorneys at Todd D. Beauregard.
Types of Workers’ Compensation Benefits
There are several types of workers’ compensation benefits available to employees, all of which are based on the type of injury/sickness involved.
- Temporary Partial Disability-this benefit type is provided to employees who are injured on the job and are now limited to the type or amount of work they can complete. An employee might be cleared under this benefit to perform light duty jobs at work. Based on the law, workers can collect up to 75% of 60% of their average weekly wage from the past 52 weeks. Such benefits are paid on a weekly basis.
- Disfigurement/Loss of Function-this benefit type is paid to an employee who loses the function of a body part or is disfigured due to an accident on the job. This can range from scarring to the loss of function of an eye, arm, back, leg or another part of the body.
- Total Disability-this benefit type is offered to employees who can no longer perform any work due to the injury. Total disability benefits pay 60% of the average weekly pay with a max amount cap set by the state law. The amount paid weekly is determined by considering the average of what was earned by the employee 52 weeks before the injury including any overtime earnings or a second job. These benefits can be paid up to three years and in limited cases beyond that time period.
- Total/Permanent Disability—based on state law, an individual who can no longer work for an extended period of time based on a work-related injury can receive total or permanent disability benefits. Up to 60% of the weekly pay is provided as well as an amount to help with living expenses due to the accident. This benefit type pays until the employee is no longer living.
- Death—when an employee dies due to a work-related injury or accident the spouse or children of the individual can receive death benefits. 60% of the average weekly wage is paid and other benefits may be offered such as funeral costs, medical costs and more.
Pain and Suffering is Not Included
Every employee in Massachusetts should know that pain and suffering are not covered under workers’ compensation. Each case will vary and in some instances, a third-party lawsuit can be filed against the at fault party who is not your employer. This is why it is important to consult a workers’ compensation attorney so that every avenue is exhausted to help you receive the maximum benefits you rightly deserve.
Workers Compensation Attorneys Can Help
It is important for individuals to understand that just because the employee is covered when it comes to work-related injuries, accidents, and illnesses, it does not mean that compensation will be secured easily. The process can be complicated. This is why it is so important to have an attorney by your side from the very beginning. A workers’ compensation law firm in Boston can assist you with your claim needs, from listening to what happened as well as filing a claim and fighting a dispute if it were to arise. Whether you are from the Lowell area or not my firm can help protect your rights.
In years past, lawmakers in more than 30 states have passed laws in regards to workers’ compensation to lower benefits and make it harder for individuals that have particular injuries or an illness to be able to qualify for compensation. Thankfully, the state of Massachusetts has changed the eligibility requirements so that housekeepers and other domestic positions of employment are considered for workers compensation.
Examples of When You Need a Workers’ Compensation Attorney
It is recommended that you consult with a workers’ compensation attorney whenever you are filing a claim due to an accident or injury just for the simple fact that an attorney will know the law and can help you with filing and creating a case. Other factors that can lead to the need for an attorney include:
- Severe injuries that require surgery
- Your doctor feels you will not recover to the same health status pre-injury
- You are no longer able to work a regular job
- Significant pre-existing condition
- Disputing an adverse decision made by the employer or the insurance company of the employer
- You have not received the correct benefit amount
- Your employer decides to dispute a decision made by the worker’s comp division of Massachusetts
- Your employer has no insurance
- The insurance company is refusing to pay for medical treatment.
If you or a loved one needs to file a workers’ compensation claim or need assistance with a workers’ compensation case, never hesitate to contact the Law Offices of Todd D. Beauregard. We supply our clients with information to assist you in making an informed decision based on your individual case. We have settled hundreds of these cases many of which have resolved in the six figures. Please give us a call today or stop in to one of our offices in Boston, Lowell, Nashua or North Andover.