A
person that gets injured at work is often unaware of the process involved in
workers’ compensation cases, and even more unaware of what they are entitled
to. In the first instance, the most important thing is getting medical
treatment for the injury they sustained. If the injury occurred within the
scope of employment, the workers’ compensation insurer is required to pay for
all related medical bills. So, if a person hurts themselves badly at work and
has to go to the emergency room, then the workers’ compensation insurer will
have to pay for it. In order to have them pay in the first instance, the
employer and employee complete a first report of injury. This specifies what
happened, where it happened, and how it happened. Then the employee gets the insurance
information in order to have the medical provider bill the workers’
compensation insurer directly.
If the
injury takes the person out of work, in New Hampshire the person is entitled to
what are called “indemnity benefits”. This is a term that really means “wage
benefits”. A person gets paid for the time they miss from work, and in NH this
means sixty percent (60%) of their average weekly wage. Thus, if the person
makes $1,000.00 per week, their workers’ compensation benefit should be $600.00
per week. In Massachusetts, this figure is virtually identical. However, in
Massachusetts, if a worker can prove a permanent and total disability, they
would be entitled to sixty-six percent (66%) of their average weekly wage.
A
person may also be entitled to a permanent impairment award. This is only in
cases where a person suffers a permanent injury. In NH and MA, the person is
entitled to a specific one-time award for this permanent disability. Further,
while MA a person may be entitled to scarring and disfigurement awards without
the necessity of a permanent injury, a person in NH can only obtain a scarring
and disfigurement award if it is part of another permanent disability from the
injury.
Workers’
compensation cases are very complicated, and very often contested. There are
usually multiple hearings on any given case, and navigating that process in NH
and MA can be very difficult without counsel. The experienced attorneys at
Parnell, Michels and McKay can help injured workers navigate this process
effectively, and allow them to recover the full amount they are entitled to. If
you are in need of legal help from a work related injury, please
contact our office to find out
what your rights are.
