A traveling salesman who gets into a car accident; A construction worker who falls from scaffolding; A delivery driver who gets bit by a dog; An in-home healthcare worker hurt while lifting a patient; an office administrator who trips on an extension cord. All of these are good examples of injuries that happen at work (occur in the scope of employment) and fall under the jurisdiction of the worker’s compensation statute, G.L. c. 152. If you are injured at work, you are entitled worker’s compensation benefits under the various sections of the worker’s compensation statute. It doesn’t matter who is at fault.
In Massachusetts, your employer is required to carry worker’s compensation insurance in the event an employee gets hurt at work. Even if they don’t carry the insurance, the state has a fund available to take care of people who are hurt at work. No matter who ends up paying the benefits, there are some necessary steps to take to protect your legal rights and preserve evidence to help you win:
After assessing whether you are injured and need immediate medical care, make sure to do the following:
- Take a picture of the condition(s) or object(s) that caused your injury and, if applicable, take pictures of your injuries;
- Report the injury to your superior, preferably in writing. A text or email will suffice (Note – your employer will likely ask you to fill out an incident report. That is standard. Take a picture of it with your phone or ask for a copy). The earlier you report the issue, the better;
- Gather the contact info of any co-workers or non-co-workers who witnessed it;
- Seek medical attention as soon as you can (even if you don’t feel injured right away, in a lot of cases, you’ll start feeling injured in the next several days);
- If your injury at work was caused by some person or thing not associated with your work, please refer to my previous blog posts about what to do when you get into a car accident, slip and fall or get bit by a dog. See links to those here: -insert links-
- Finally, and most importantly, call Orlando & Associates for your no-cost, initial consultation.
You should make sure you are taking care of if you are unable to work and get paid. Worker’s compensation will pay your medical bills and a weekly benefit to you while you are out of work (as long as you are out more than 5 days). There are also other benefits available if your injury is permanent, if you have scarring on your hands, face or neck, and other types of benefits. You may also have a case against the other driver in a car accident, the dog owner if you are bit while at work, or the property owner if you slip and fall. It costs nothing to have Orlando & Associates review your case, so don’t hesitate to call us and protect your rights!
By virtue of reading this blog post you are not represented by Orlando & Associates, P.C. as an attorney/client relationship is not created without agreement of both parties. Therefore, Orlando & Associates, P.C. is not responsible for any decisions you make in furthering any legal matter in which you may be involved. Each individual person’s case or legal issue is unique and you should not rely completely upon the basic information contained within this blog post to pursue your own legal matter. Should you have any questions about the content of this blog post or any legal matter, contact an attorney from Orlando & Associates, P.C. It costs you nothing to have an initial consultation.
