There are many myths and falsehoods surrounding workers’ compensation. When you’re starting or dealing with the application process for a workers’ compensation claim, it is important to know the difference between fact and fiction.
Massachusetts a No-Fault State
The first thing to remember is that the workers’ compensation system is a no-fault system, meaning it does not matter whose negligence resulted in your injury, as long as you meet the criteria set forth by the state of Massachusetts. In return, employees cannot sue their employer directly for negligence and some other damages. This means that your employer cannot be sued for faulty equipment, but the manufacturer or some other entity may still be sued.
When deciding if you have a workers’ compensation claim, it should be noted that the workers’ comp system covers employees during a specific work-related incident, as well as for injuries and illness caused over a period of time directly resulting from employment duties. So, if you have a repetitive job that causes extreme muscle or joint strain and pain, you may be covered.
With that said, there are some conditions that are not covered under Massachusetts workers’ compensation laws. Also, injuries and illness received over a period of time can be more difficult to prove and define. In these cases, the need for documentation to prove the injury is sustained from work-related activities is even more important.
Accidents in the workplace happen more often than you think. The next thing you know, you might be the next victim. Under the law, you are entitled to compensation for all the costs you had to pay as part of your recovery.
Knowing what steps to take can avoid unnecessary delays and other potential issues when looking to receive fair compensation for injuries sustained due to possible negligence of another party.
Write Down What Happened
Reduce inconsistencies by writing down what happened or recording your account on video. File a police report to further ensure that there’s a record of your version of what occurred.
Get Visual Evidence
Visual evidence should include photos of your injuries along with pictures or video footage of the location where the injury occurred. An attorney can help you secure any footage that may have been captured by bystanders.
Track Medical Expenses
Even if your health insurance may cover most of your expenses, it’s important to track immediate costs. Related expenses can be determined later with assistance from an attorney.
Identify Potential Witnesses
Witnesses may be reluctant to come forward, so get as much contact information as you can from anyone who may have observed your injury. You’ll get help from an attorney with any witness interviews and statements.
Keep in mind that there is a statute of limitations, or deadline, for filing a personal injury claim in Massachusetts, which is usually three years from the time of injury.
If you have been injured on the job, you have the right to compensation that will help you pay your bills and medical expenses. In some cases, this compensation will help you support your dependents while you are out of work. The workers’ compensation system is a no-fault system, which means that cases are generally settled in a timely manner after all of the facts have been evaluated.
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When you experience an accident that causes you or your child to be injured in the state of Massachusetts, your first concern is likely to be that of your health. Once your physicians have attended to your immediate physical needs, then it is time to look to the future. A Massachusetts personal injury attorney can help you to understand your rights as an injured party in an accident.
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Being diagnosed with a long term disability can be devastating. If you’re used to being independent and self-sufficient, reaching out for the necessary help can be quite difficult. People are often rejected from receiving disability benefits when they need them most, but there are steps you can take to make living with disability more tolerable.
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Some employees struggle with the decision to hire workers compensation attorneys after being injured on the job. They may feel that they can represent themselves when dealing with insurance companies and their employer. However, in most cases, hiring an attorney is in the employee’s best interest.
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Massachusetts has laws in place to protect employees who have suffered injuries while on the job. Compensation filing is subject to a series of protocol and provisions designed to protect the rights of both the employer and employee. Enlisting the help of an attorney experienced in the state’s laws may allow you to expedite the process, and ensure you receive fair compensation for your injuries.
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