Workers’ Compensation FAQ’s in Tewksbury MA
Attorney Todd Beauregard is an experienced workers compensation lawyer in Tewksbury MA and can guide you through the legal system and how to file a worker’s compensation claim.
How to Get Paid After Being Injured at Work?
An unexpected injury at your workplace can leave you with medical bills and loss of wages. The Tewksbury Massachusetts workers’ compensation laws require all employers to have workers’ compensation insurance for their employees. In case of an injury the company you are working for should pay for your medical expenses, your lost wages and other related costs.
Determine if you are Eligible for Workers Comp
You need to determine if you are entitled to workers’ compensation benefits in Tewksbury MA. You are eligible for compensation if:
- Injured at your Place of Work: The injuries must have either taken place at your workplace, or you were doing work related tasks. An injury that occurs during your commute to and from work is not compensable.
- Employer has Insurance: if your employer has insurance cover. Your employer should notify you of the insurance carrier that covers you. The employer will be penalized and may face legal proceedings if they fail to comply with workers’ compensation requirements.
- Pre-existing condition made worse by the Job: Pre-existing conditions can be covered if you can show that your condition got worse as a result of your job.
- Mental Health Problems: MA workers’ compensation laws also cover mental health conditions. You however need to show that your mental health problems were caused by your work.
- Loss of function or disfigurement: If you lose some bodily function or are disfigured, you are eligible to receive a onetime compensation for your disfigurement and 60% of your gross average weekly wage.
- Partial incapacitation: if you can continue working, you can still receive benefits if you can show that you have lost your earning potential as a result of the injury or illness.
Making an Application for Workers Compensation in Tewksbury MA
If you want to get paid after being injured at work, you need to be diligent when it comes to the application process. Many applications are rejected due to technicalities. This is where it may be in your best interest to seek the counsel of a lawyer who has experience in workers compensation law in MA.
Reporting the injury: You need to file a report after 5 days and within 12 days of the injury. Your employer in Tewksbury MA will file a claim with the insurance company. The employer submits the form 101 also known as employer first report of injury or fatality.
Review the form 101: Your employer should provide a copy of the report they filed with the insurance company. It is important to review this document if you want to avoid having your claims denied. Check if the information regarding your illness or Injury is correct. The document also contains information on the witnesses that were present during the accident and whether or not you’ve returned to work.
Employers Responsibilities in Tewksbury Massachusetts
If your employer fails to file the workers compensation claim, you can fill the form provided by DIA and send it to the insurance carrier. If your application is accepted you should start receiving pay within the first three weeks.
On the other hand, if your application is rejected, you may begin a dispute resolution process. It is advisable to hire a qualified compensation lawyer once you get to this stage. It is also important to be diligent at every step of the process to avoid the hassle of going through the dispute resolution process.
For a Free Consultation Contact Attorney Todd D. Beauregard Law – 978-275-1919.
” My employer was not responding to me after my work injury. Attorney Beauregard was very helpful in my workers compensation straightened out. I strongly recommend Attorney Todd B. to anyone who has been hurt on the job and cant work.”