Cuts, Lacerations, and Fractures

People who suffer cuts, lacerations, and fractures at their jobs may be able to pursue workers' compensation benefits. Although these sound like minor issues, they can have serious consequences for those in certain industries. Accidents producing these types of injuries can occur while trying to unjam machinery or dealing with moving blades in a factory setting. Fractures are often the result of some sort of trauma arising from overexertion like heavy lifting, but they can also be the result of a fall from scaffolding or tripping on a stairway at work. If manual labor is involved, a serious cut or laceration in a disadvantageous location on your body can affect your ability to perform a job in the Boston area. At Pulgini & Norton, our workers’ compensation attorneys may be able to help you pursue a claim for benefits.

Under the workers' compensation system, employers are required to provide this form of no-fault insurance coverage to all employees. It can pay for any reasonable, necessary medical care related to an injury or illness arising out of the job. It also pays partial compensation for lost wages after the first five calendar days of partial or total disability.

In addition to the foregoing, workers' compensation benefits include reimbursement for many different expenses, including surgery, mileage, prescription drugs, and rehabilitation. If you suffer a cut or laceration that leaves a scar, this may be compensable as well. In some cases, there are complications with a fracture or an infected cut, and an employee may be unable to work in the same position. In that case, a worker can get retraining.

You should start receiving a check within 3-4 weeks after your injury. However, you are not compensated for the first five full or partial calendar days, unless your disability lasts 21 calendar days or more. The first 180 days after you first suffer a cut, laceration, or fracture is a "Pay-Without-Prejudice" period, in which the insurer can pay benefits without making a final decision about issuing you benefits over the long term. However, during that period you may receive a notice from the insurer that modifies or terminates your weekly compensation. A reason will be given for taking this action. At that point, it is important to consult an attorney about your rights.

Once an insurer decides to deny your claim, it must send you notification, including the reason for the denial and a notice that you have the right to appeal the decision. If you disagree, you should retain an attorney as soon as possible to file a claim with the Department of Industrial Accidents (DIA). Once the DIA receives your paperwork, you will be scheduled for a conciliation. This starts the dispute process. At the conciliation, you and the insurer will make an effort to reach an informal resolution. Your case will only be referred to a conference with a judge if an informal resolution cannot be reached.

When a claim is disputed, you should retain an attorney to protect your interests because workers' compensation laws are complex. If you have been involved in a workplace accident at a Boston job, the lawyers at Pulgini & Norton may be able to help you seek benefits. We also represent employees in Lowell, Malden, and Brookline, as well as other towns across Massachusetts. Call us at 781-843-2200 or contact us via our online form for a consultation.