Every workplace and industry carries the potential for workers to get injured. Common auto industry injuries include falls from heights, repetitive motion injuries, overexertion, slip and falls, and getting caught or crushed in machinery. Serious injuries can result in weeks or months out of work, and in some cases, an injury is catastrophic, such that there are permanent disabilities like third-degree burns or amputation. If you sustain auto industry injuries, you should consult the Boston workers’ compensation attorneys at Pulgini & Norton.
Auto Industry InjuriesYou do not need to retain an attorney in order to recover workers' compensation benefits. Some people are successful in obtaining them on their own. However, about half the time, insurers deny claims, particularly when the claim involves a chronic injury or an occupational illness that could be multi-factorial. It is wise to retain an attorney and discuss the facts from which your claim arises. For many workers, workers' compensation benefits are the only way that they can survive after a serious and disabling workplace injury.
In Massachusetts, all employers are supposed to carry workers' compensation insurance or be self-insured. It does not matter how many hours you work in the auto industry; you are supposed to be covered by workers' compensation insurance for job-related injuries and occupational illnesses.
You can become eligible for weekly compensation benefits if your auto industry injury renders you unable to earn wages for at least five partial or full days. These days do not need to be consecutive. For example, you might slip and fall on the floor of a manufacturing plant and need to go home immediately. Two days later, you might believe that you are fine to work and come in to do a full day of work, but then you might realize that your symptoms have worsened and again take a few days of leave.
You should report your injury right away. That way, there is less likelihood that the insurer will try to avoid liability if it cannot point to the possibility that you suffered your injury away from work. When your injury results in only five days of partial or full disability, however, it is a medical-only claim. It may not be reported to the Department of Industrial Accidents (DIA), although the claim would still be filed with the employer's insurer, which is supposed to pay for the resulting medical care.
You should also seek medical care. You are entitled to reasonable and necessary care, including doctor's visits and hospital services. Your employer can require you to have a first scheduled appointment within a preferred provider arrangement, but after that, you have the right to select your own doctor, and you can change doctors once. Getting care quickly can make a difference to your recovery and long-term prognosis in many instances.
If your injuries last longer than five days, the claim should be reported to the DIA. An Employer's First Report of Injury form must be filed electronically within seven calendar days from the fifth day of disability, and copies should also be provided to the insurer and the employee. When an employer fails to file the form on time three times during a year, it can be subject to a $100 fine.
Benefits that you may be able to obtain include reasonable medical treatment, wage replacement for disabilities, prescription drugs, vocational rehabilitation, scarring, disfigurement, and loss of function benefits. The amount of benefits that you will be able to obtain depends on the severity and nature of your injuries.
Hire a Workers' Compensation Attorney in Boston or Surrounding CitiesIf you need to file a claim for workers' compensation benefits due to auto industry injuries in your workplace, you should consult the experienced Boston attorneys at Pulgini & Norton. Each claim is unique, and you should talk about what happened with an attorney before assuming that an insurer's reasons for denying the claim are valid. At Pulgini & Norton, we can advise workers on claims arising out of many different industries. We also handle claims in Somerville, New Bedford, and Weymouth, among other Massachusetts cities. For a consultation with a workplace accident lawyer, contact us online or call us at 781-843-2200.