In Massachusetts, workers are eligible for workers’ compensation benefits after being injured on the job. Despite the availability of workers’ compensation benefits, many injured workers do not receive the benefits they deserve after suffering injuries in a workplace accident.
If you were hurt at work and are not receiving any benefits, or feel you are not receiving the benefits you are entitled to, our Framingham workers’ compensation attorney, Chuck Pappas, is available to review your case and take the necessary legal action to help get you the benefits you deserve. But there are ways injured workers can help their lawyers.
Summary of Workers’ Comp Benefits Available to Injured Workers in Massachusetts
While there are various types of benefits that injured workers are eligible for after being hurt on the job, the two primary benefits most employees are concerned about are disability benefits and medical benefits.
Disability benefits are available to injured workers under the Massachusetts Workers Compensation Act to replace a portion of the wages they are unable to earn due to their injuries and inability to return to work. There are three types of disability benefits: Temporary Total Disability Benefits (TTD or § 34), Temporary Partial Disability Benefits (TPD or § 35), and Permanent and Total Disability Benefits (P&T or § 34A).
Which type of disability benefits injured workers may be eligible for depends on the severity of the injury suffered at work and the extent of the resulting disability. Additionally, these disability benefits are all calculated using the injured worker’s average weekly wage. Thus, determining an injured worker’s average weekly wage is crucial to making sure the accurate amounts of disability benefits are received.
Medical benefits are also available to cover the cost and expense of medical treatment for injuries suffered on the job. These benefits are extremely important as the cost of medical treatment can be very expensive.
Filing and Preparing to Litigate a Workers’ Compensation Claim
After many work-related accidents, an injured worker may receive these benefits voluntarily from their employer’s workers’ compensation insurance carrier. Other times, however, an injured worker may not receive benefits for a variety of reasons, or their claim may be denied. In the latter situations, an injured worker must file a workers’ comp claim and litigate it at the Massachusetts Department of Industrial Accidents.
After filing a claim in a Massachusetts workers’ compensation case, preparation is key to successfully litigating the claim. It goes without saying that lawyers representing injured workers must be prepared to advocate on behalf of their clients. This includes investigating the work accident, obtaining, filing, and diligently reviewing all the related medical and financial records related to the claim, and organizing and preparing the arguments to be presented to the judge as well as many others.
Additionally, it is vital that injured workers be prepared to help their attorney in the case. How do you help your lawyer? Well, the following is a brief list of how you can help your workers’ comp lawyer:
- An injured worker should keep in contact with their lawyer and let them know of every medical office or doctor that they have treated with. This allows the workers’ comp attorney to know where to request and obtain the related medical records that are necessary to prove the injuries suffered and the extent of disability.
- Injured employees should also do their best to attend and not miss their doctor’s and therapy appointments. Missing medical appointments or having large gaps in treatment can be detrimental to a claim and will give the insurance company’s lawyers leverage to argue against receiving benefits.
- Requesting and obtaining disability notes from treating physicians are also very important. The disability notes are usually letters or sometimes pre-printed forms that the doctors will fill out that advise or recommend the injured worker to remain out of work due to their work-related injury. It is critical that these disability notes be provided to your lawyer.
- Providing your lawyer with pay stubs or W2s from your work will also be helpful to the attorney. With this information, an attorney can confirm the average weekly wage is accurate to make sure that an injured worker receives the correct amount of disability benefits.
While these are only a few, there are many other ways that an injured worker can help their lawyer prepare and present their workers’ compensation claim. Following these tips will put you in the best possible position to be successful and obtain the compensation you deserve.
Framingham workers’ comp attorney, Chuck Pappas, works closely with his clients and makes sure they are doing everything they can together to be successful in their claims. Keeping in contact with clients and making sure all documentation and evidence is acquired before claims go before a judge is extremely important. Lawyers and clients working together often lead to successful results.
A work accident isn't something most think about often until it happens to them. This is why injured workers typically have many questions and concerns after being seriously injured on the job. If you were hurt at work, you should have a good understanding of the workers’ compensation process and benefits available in Massachusetts. The experienced workers’ compensation lawyers at Mahaney & Pappas, LLP, are here to help you during this difficult time.