Transportation workers are exposed to many dangers on the job. They face the possibility of serious back pain due to long hours of lifting, as well as muscle sprains, hernias, cuts, and falls. What they transport may also cause injuries. Transportation workers who are employed by private companies are eligible for benefits if they are injured on the job. These may include cab drivers, private flight companies, limousine companies, truck drivers, and charter bus drivers. If you are hurt, you should immediately report your injury and determine whether your employer carries workers' compensation. At Pulgini & Norton, our Boston workers’ compensation lawyers can advise you on whether your employer should have carried coverage for you and represent you in pursuing the benefits to which you may be entitled.
Seeking Benefits as a Transportation EmployeeThe first issue is whether you are covered by the workers' compensation law. Under the workers' compensation law, employers are required to provide workers' compensation insurance coverage to all of their employees. However, the way that an employee is classified may make a big difference to whether you can make a claim because only employees, rather than independent contractors, are entitled to workers' compensation coverage and benefits. Moreover, taxicab drivers who operate on flat-rate leases are expressly excluded from coverage under M.G.L. chapter 152 section 1(4).
Some employees, such as tractor-trailer drivers, are misclassified as independent contractors because their employers hope to avoid liability for their accidents or otherwise avoid legal obligations. Our firm can look at your particular situation and determine based on case law whether you should be covered by workers' compensation insurance.
Workers' compensation coverage is supposed to take care of paying for any medical treatment that is necessary after an injury, as well as compensation for lost wages if you have been disabled for five days. The system is set up so that you may recover benefits regardless of whether you were at fault for your injuries. You do not need to prove the fault of your employer to obtain benefits, and in exchange your employer is protected from being sued due to your injuries.
Your employer is supposed to notify its carrier about your injury. You should see a doctor and inform them that you need medical treatment for a work-related injury. If a doctor accepts you as a patient with a workers' compensation claim, they agree to bill the insurer for your medical care, and you do not need to make payments to the doctor yourself.
Unfortunately, many insurers contest legitimate claims or do not provide the full scope of benefits to which employees may be entitled. In that case, you may take your case to the Department of Industrial Accidents (DIA), which is mostly an administrative court system that hears and decides workers' compensation claims.
Discuss Your Workers’ Compensation Claim with a Boston LawyerTransportation workers are the backbone of the economy. They are at risk of traumatic accidents and injuries arising out of wear and tear or repetitive motion. If you are hurt on the job as a transportation worker, you may be entitled to workers' compensation benefits. At Pulgini & Norton, our Boston workers’ compensation attorneys may be able to guide you through the complex process of seeking these benefits. We represent injured workers in Cambridge, Andover, and Quincy, as well as other Massachusetts cities. Call Pulgini & Norton at 781-843-2200 or use our online form to set up a free consultation with a work injury lawyer.