We rely on our tools every day to do our jobs—hand tools, advanced machinery, large equipment, electronics—and they make our jobs easier and allow us the ability to work more efficiently. However, equipment is often the cause of accidents on the job, whether because of misuse, defect, or negligence. Fortunately, you are protected from such workplace accidents and can make a claim for benefits through workers’ compensation.
WORKERS’ COMPENSATION IS NO-FAULT INSURANCE
Workers’ compensation is a system of no-fault insurance, meaning the injured worker is protected no matter who is at fault for the injury—including him or herself, faulty mechanical equipment, poor work environment, etc. It does not matter whether the injury was physical, mental, or both—if some sort of injury happened to you at work, workers’ compensation will cover a portion of your income, pay for your medicine, medical appointments, and any necessary surgery. It will even reimburse you for travel expenses to and from health care services for the short or long term.
Yet many injured workers don’t bring their workers’ compensation claims against their employers. Many fear losing their jobs or being retaliated against by their employers. Nevertheless, employees are protected from such actions. Employers may not terminate employment simply because a claim was brought against them and retaliation of any sort is strictly prohibited. Regardless of the situation, workers’ compensation is a complex system that can be daunting for those unfamiliar with it.
IT IS YOUR RIGHT TO CLAIM COMPENSATION
In the event that you are injured at work, it is your right to seek protection through workers’ compensation. If you are unfamiliar with the system, it is only to your advantage to ask for assistance from an attorney. Legal representation does not cost you anything. Attorneys are only paid if they win a case in court and, even then, all fees are assessed against the insurance company. If they resolve a case by way of a settlement, the attorney will be paid on a contingent fee basis. There is nothing to lose and everything to gain by contacting an attorney.
If you have been experiencing pain and discomfort at work for a while, but it’s not getting any better, it is important that you make a claim. The longer you wait, the more difficult it becomes to establish a workers’ compensation claim and collect benefits. There is also a 4-year statute of limitations on filing a workers’ compensation claim in Massachusetts (in NH, the statute of limitations is just 2 years!) If, for whatever reason, you have waited, it is recommended that you speak with an attorney.
email: michael@MichaelLevinEsq.com | tel: (508) 347-1048 | fax: (774) 243-2684