Workplace Accident FAQ

FAQ
- Q:Is My Injury A Workers’ Comp Or Personal Injury Case?
  
  A:Workers’ compensation benefits cover injuries that occurred while you were “on-the-job.” Even if you were not at the workplace when the injury occurred, as long as you were performing work-related duties, you are entitled to workers’ comp benefits. It doesn’t matter who was at fault in your case. Even if you caused the accident, you can be covered by workers’ compensation. On the other hand, in a personal injury case, you must prove that someone else was at fault in order to receive compensation. Additionally, personal injury cases do not have to be work-related.
- Q:Do I Need A Workers’ Comp Lawyer?
  
  A:While it is not required that you hire a workers’ comp lawyer, it can be very helpful in getting you all the benefits you deserve. Massachusetts’s workers’ comp law can be confusing and complex, and your individual case may come with complications. Hiring a lawyer can make the process easier and less time consuming, all while maximizing your benefits.
- Q:How Do I Prove My Injuries?
  
  A:It is very important to document everything you possibly can in relation to your workplace accident. This means taking statements from witnesses and keeping doctor’s notes, copies of prescriptions, paperwork related to physical therapy if applicable, and photos of your injuries. Document everything your possibly can, even if you don’t think it’s important. You never know what you might need to win your case.
- Q:What Is The Time Limit For Filing A Claim?
  
  A:In Massachusetts, you must file a workers’ comp claim within four years of the date of your injury. For a work-related illness, you must file your claim within four years of finding out that your illness was work-related.
- Q:How Are My Work Accident Benefits Calculated?
  
  A:Your workers’ comp benefits will generally be calculated by dividing your total gross wages, including overtime and bonuses, by the number of weeks worked. If you are left entirely unable to work as a result of your workplace injury, you are entitled to 60% of this average wage. If you become partially disabled, subtract the earnings that you can be expected to make from the average weekly wage and multiply by 60% to get the partial disability rate. All of these payments will be paid out each week, directly to you. Each case is different, however, so it’s best to consult with a workers’ comp lawyer to get a more accurate estimate.
- Q:What Are The Work Accident Benefits?
  
  A:There are a variety of benefits that you may be entitled to. These can include lost wages, medical expenses, permanent disability benefits, survivor benefits, and more. It’s important to note that workers’ compensation does NOT cover pain and suffering.