Workers’ Comp and Massachusetts Law

by | Jul 21, 2014 | Attorney

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It happens more often than you would like to believe. Someone is hurt while doing their job. If this occurs, Massachusetts has put into place measures called Workers Comp. In New Bedford and elsewhere in the state,   the insurance employers have been paying all along is supposed to take care of the injured worker. It is to make sure they receive benefits until they can get back on their feet.

The Massachusetts Workers Comp Act

The system implemented in Massachusetts is a “no fault” one. Its intent is to provide fair coverage for anyone injured. It also means, except in very specific circumstances, the injure party can not pursue the employer. This is possible when it is patently evident that the actions or lack of same caused the injury. The actions of the employer must, in this case, be proven to have been both willful and negligent.

In general, however, the injured person is eligible to receive two types of benefits. These are:

  • Weekly checks – to handle the usual bills and expenses associate with life
  • Medical payments – to cover those medical care and treatment costs resulting from the work-related injury

The amount and extent of money you will receive rests upon the degree of your personal injuries. For example, the amounts will differ between those who suffer permanent and total incapacity and those who are only partially incapacitated.

How to Apply for Workers Comp

Before you decide to apply for workers comp in New Bedford or elsewhere in the state, it might be a good idea to talk to a workers’ compensation lawyer. He or she will prove to be beneficial in helping you prepare your claim. A lawyer understands the basics you will need to be successful in your claim. He will help you gather and prepare the right documents which should include, at the bare minimum:

  • The medical report supplied by the doctor you saw immediately following the  accident
  • A copy of the letter you sent to your employer informing him or her of the accident and your intent to start the claim process

Other medical reports and material will also be essential before you can file your claim. Do note that Massachusetts has a Statute of Limitations. It requires you file your claim against the employer with the appropriate authorities within four years.

While it may seem simple, filing a claim for workers’ comp in New Bedford is not as straightforward as it may appear.  You have to file the claim with all the appropriate documents. It has to go, not to the employer, but to his or her insurance company or carrier that handles the company or businesses’ workers comp. If you wish to simplify matters, and increase your chances of success, consider letting a qualified lawyer handle it. He or she will do their best to make sure your claim is not denied.

If you need to file a claim for Workers Comp in New Bedford, why not consider the professional services of the Law Offices of Dussault & Gomes. We specialize in personal injury claims and cases. Find out how we can help you get what you actually deserve at Website Domain.

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