The workers' compensation system was designed to provide benefits without a worker needing to prove fault as they would in a personal injury lawsuit. Unfortunately, many insurers fail to provide benefits even when presented with a legitimate claim. About 50% of claims are initially denied, and a good percentage of these are valid claims brought by workers who desperately need to get medical care and to replace their wages after being disabled by a job-related accident. If you need to bring a claim, the experienced Everett workers’ compensation lawyers at Pulgini & Norton may be able to help.
Understanding the Workers' Compensation SystemMassachusetts law requires most employers in the state to carry workers' compensation insurance to cover their employees. Other than domestic service employees like nannies or maids, who must work 16 hours a week to trigger a requirement for insurance coverage, employees must be covered by workers' compensation insurance, no matter how many hours they work in a particular week.
A wide range of benefits is available to workers in case of a job-related injury. These may include medical benefits, as well as permanent or temporary disability benefits. The amount of disability benefits depends on the extent of the disability as well as the worker's average weekly wage. For example, workers who are totally and permanently disabled, as in the case of paralysis, traumatic brain injury, or amputations, will get greater benefits than when the disability is considered a temporary disability that allows the employee to go back to work after getting medical care. A workers’ compensation attorney in Everett can help you assert your right to the full range of benefits that may apply in your situation.
For a total and permanent disability, you may get two-thirds of your average weekly wage, calculated from the wage that you earned in prior weeks. For a temporary and total disability, you may get 60% of your average weekly wage but only for up to 156 weeks. If you are only partially disabled, you may get 60% of the difference between your weekly wage before the injury and after the injury. In other words, the amount for a partial disability will depend on the extent that you are able to work. Disability benefits only start being paid after you have been disabled for five partial or complete days after the injury. However, if you are disabled for 21 days or more, you may get paid for that five-day period as well.
Some workers worry that making a workers' compensation claim will affect their status with their employer or their ability to secure employment in the future. Prospective employers are not allowed to ask about your workers' compensation history before making you a conditional offer of employment. Once a conditional offer is made, they may ask about your history in a medical inquiry or examination, but only if this history is required for all applicants in the same category of job as the job offer.
You may file a workers' compensation claim alongside any charge that you may have under the Americans with Disabilities Act in the event that you face discrimination, harassment, or retaliation for a job-related injury. Simply being awarded disability benefits as part of your workers' compensation benefits does not necessarily mean that you are disabled and entitled to a reasonable accommodation under the Americans with Disabilities Act, which is a federal law. However, under state law, employers are supposed to provide reasonable accommodations to any qualified handicapped person under Chapter 151B.
Consult a Workers' Compensation Lawyer in EverettEverett is a city in Middlesex County with a population of over 40,000 residents. It is a key part of the Port of Boston. If you are injured on the job, you may be entitled to workers' compensation and other remedies. It is important to retain a knowledgeable Everett workers’ compensation attorney for your claim. At Pulgini & Norton, our job injury lawyers can advise you on your legal next steps. For a consultation, contact us online or call us at 781-843-2200.