Workers' Compensation Attorney in Milford, Massachusetts

Although every effort is made to avoid them, workplace injuries occur daily. Injuries at work can be devastating for the employee as well as their family. Thankfully, all states are required to carry workers’ compensation insurance to cover expenses related to a work injury, but you still may need help ensuring you get fair and thorough care and coverage. 

If you’re in the Milford, Massachusetts area, including Worcester, Framingham, or Marlborough and would like help filing a claim or appealing a workers’ comp decision, reach out to the Law Office of Michael M. Kaplan. With over 30 years of experience, Attorney Michael M. Kaplan can answer all your questions, including “What benefits are available through workers’ comp?”, “Which employees are covered under workers’ comp?”, and “What injuries are covered under workers’ comp?” You don’t have to go through this process alone. 

Overview of Workers’ Compensation in Massachusetts  

Per state law, all employers must carry workers’ comp insurance for both full and part-time employees. There are limited exceptions to this including domestic workers who work fewer than 16 hours a week, members of an LLC or LLP, sole proprietorships, and some corporate officers who own more than a 25% share in their company. Other than this, all employees must be covered, making Massachusetts one of the states with the strictest and most comprehensive requirements.  

Essentially, workers’ comp is meant to cover your medical expenses as well as partial wage replacement from a workplace injury or illness. The total amount received is based on the extent of your injuries; there are several illnesses and injuries that fall under the policy. It could be a singular accident or injury that happened while working, but it can also cover longer-term illnesses that build up over time such as exposure to allergens or chemicals or repetitive stress injuries from doing the same movement over and over.  

Filing a Claim  

Many workers can try to file a claim on their own, but you may wish to hire a workers’ compensation attorney to help you with this process, especially if you feel your employer may question the validity of your claim or if you’ve sustained extensive injuries.  

Before filing a claim, you’ll need to gather all the relevant evidence including the date of injury (or the approximate date it started), the amount of work you’ve missed, the name of your workers’ comp carrier, a description of the injury or illness, where you received treatment, the name and contact information of your medical provider, what kind of compensation you’d like, and how long you believe you’ll be unable to work. To do this, you need to provide doctor’s reports, medical bills, witness testimony, and any other documentation that can prove your injury occurred due to your work responsibilities. Claims can be filed either in person or by mail to the Department of Industrial Accidents (DIA) in Boston. 

What Benefits Are Available?  

The benefits you may receive are highly dependent on the extent of your injuries and how long you’re expected to be out of work. If you’re filing for temporary benefits, you must prove you’re unable to work for at least six or more full or partial days. You could receive 60% of your gross average weekly wage for up to 156 weeks in addition to compensation for your medical expenses. If you’re permanently disabled, you can receive up to 66% of your gross average weekly wages which can be paid out for as long as you remain disabled. If you’re the spouse or family member of an employee who lost their life due to a workplace injury, you’re likely eligible for survivor's benefits of up to 66% of the employee's gross average weekly wages. 

Appealing a Decision  

In some cases, your claim may be denied, in which case you may want to appeal the decision with the help of an attorney. Denied claims could result from not providing enough evidence, not reporting your injury soon enough, filing after you’d been fired or laid off, or if a medical report indicated you were intoxicated when the injury occurred. Many times, claims can be successfully appealed by reviewing the missing evidence and resubmitting your claim. This could mean gathering more witness statements or getting further medical evaluations that clearly indicate your injury or illness was work-related. An experienced workers’ comp attorney can help you with this.