It’s natural to wonder if you can file a claim for benefits after an on-the-job accident. So, who qualifies for workers’ compensation in Massachusetts? Almost everyone hurt while working can file a claim in our state.
You can review your specific eligibility with a Boston workers’ compensation lawyer from our team at Jason Stone Injury Lawyers. If you qualify for damages, we can guide you through the process of filing a claim. You can contact us 24/7 to get legal answers.
Find out more by calling or completing our online contact form.
Who Gets Damages Through Workers’ Compensation in Massachusetts?
You can check eligibility for workers’ compensation benefits to determine if you qualify for this kind of claim after a job site accident. According to the Massachusetts Department of Industrial Accidents (DIA), most workers qualify.
Generally, you may file a workers’ comp claim if you sustained an injury or developed an illness due to your work. You may also qualify for a claim if you lose a loved one on the job. In this situation, you may only seek damages as a dependent of the deceased.
Who Can’t File a Workers’ Compensation Claim in Massachusetts?
Exceptions exist in Massachusetts’s workers’ comp system, preventing some individuals from filing a claim. For example, the following individuals may not file a claim:
- Seamen working jobs involving foreign commerce
- Real estate salespeople working on commission
- Taxi drivers leasing their cabs
Additionally, you may not qualify for a claim if you work as an:
Independent Contractor
Independent contractors may not qualify to file a claim. However, Massachusetts presumes that workers are employees, and your employer will have to prove you’re an independent contractor because the state does not have a simple rule of thumb for this situation.
We can provide information about what you should know about employee misclassification in Boston if your employer incorrectly labels you a contractor.
Subcontractors
Subcontractors may have to show they have workers’ comp coverage on the job. In some cases, subcontractors can fall under the coverage provided by a general contractor, but this only applies in some situations.
Domestic Service Workers
Domestic service workers may not qualify for workers’ comp benefits if they work under 16 hours a week.
What Injuries Qualify You for Workers’ Compensation?
You may qualify for damages after any injury caused on the job, including injuries caused by repetitive motion. You may also qualify for benefits for any illnesses caused by your work. Exposure to chemicals, for example, could have long-term effects on your health.
However, you may only move forward with a workers’ comp claim if your injury caused a disability for five partial or full calendar days. These days do not have to fall in consecutive order.
Employees may file a medical-only claim even if they sustain an injury that makes them miss work for fewer than five days. Find out more about who qualifies for workers’ comp in Massachusetts by reaching out today.
What Damages Can You Receive if You Qualify for Workers’ Compensation?
Injured employees may receive damages through the workers’ comp system for their:
Medical Bills
A workers’ comp lawyer can help you secure funds to cover your current and future medical costs. We focus on the expenses for surgeries, medications, physical therapy, and other healthcare expenses.
We can even help you secure medical care after an on-the-job accident.
Lost Wages
The workers’ comp system may cover a percentage of your lost pay after an accidental injury.
Disability Benefits
You may receive additional compensation if your accident causes a disability that prevents you from returning to work. Employees may qualify for partial or total disability based on their specific circumstances.
Additional Losses
Finally, employees who experience significant injuries, like an amputation, may receive another specific amount of compensation. Your lawyer can review your situation and provide information about your particular options for damages.
Do You Have to File a Claim Quickly to Qualify for Workers’ Compensation Benefits?
Typically, you must file a claim within four years of your injury to qualify for workers’ comp benefits. Our team can track these deadlines to keep your claim on track. We can also provide more information about how to file for workers’ compensation in Massachusetts.
Do You Have to File a Workers’ Compensation Claim After an Accident?
Many individuals hurt on the job will file a workers’ comp claim to get the financial assistance they need to move forward. However, you may also qualify to file a lawsuit in some situations.
Typically, you cannot sue your employer. However, a lawyer may help with a lawsuit if a third party caused your injury. For example, we may help with a lawsuit if your injury occurred due to a defect in a piece of safety equipment.
Our team will review your situation and discuss all your available options. We’re available 24/7 and want to boost your peace of mind. Allow us to handle your legal challenges so you can get back to living like you did five minutes before your accident.
Learn More About Qualifications for a Massachusetts Workers’ Compensation Claim
Who qualifies for workers’ compensation in Massachusetts? Most individuals hurt on the job can file a workers’ comp claim. Our team at Jason Stone Injury Lawyers can review your situation and determine if you’re eligible for compensation.
We’re ready to discuss all your legal options when you call or fill out our online contact form.
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