WORKERS' COMPENSATION ACCIDENTS
There is never a good time to be injured at work and if your injury requires medical attention or involves lost time from work, it is important to know your rights and benefits. The law of "WORKERS' COMPENSATION" can be found in Massachusetts General Laws Ch. 152. At Williamson & Melendez, we have assisted thousands of injured workers in obtaining their benefits as it related to on the job injuries. Did you know that under the present law, one is eligible to receive 60% of their average weekly wage while they are "totally disabled" from work? A different, smaller percentage is available if you are "partially disabled". Did you know that under the present law, you may be eligible to receive both workers' compensation benefits as well as social security disability benefits at the same time?Did you know that under the present law, the workers' compensation insurance company must reimburse you for all reasonable "out of pocket expenses" which includes mileage reimbursement for travel to and from your medical providers? The list of benefits is long and would take many pages to explain them all.
Being injured in an automobile accident in never a pleasant experience and the Massachusetts laws regarding your rights and benefits can be complicated. At Williamson & Melendez, we have assisted thousands of victims of auto accidents through the years. Keep in mind the following:
You must be aware of certain "Statue of Limitation" issues, that is, how long do you have to bring a claim for lost wages, medical bills, along with pain and suffering to name just a few.
You must be aware of what can be done if you are injured by a car with "no insurance" whether registered in the State of Massachusetts or not.
You must be aware of "Tort Threshold" in Massachusetts as well as exceptions to this rule, such as "permanent scarring and disfigurement".
The list is long and can be complicated to the untrained claimant or an attorney who does not concentrate in this area of law.
SOCIAL SECURITY DISABILITY
Social Security Disability benefits can be obtained if a person it totally disabled and unable to perform "any substantial gainful employment" that has lasted or is expected to last for at least one year. It does not matter how a person became disabled. A claimant must be able to prove by medical evidence that they cannot perform any gainful employment, not just the just the job they previously had, but any job, given their age, education, work background and the disabilities being claimed.
A person's prior earnings determine benefits. A letter, sent annually by Social Security, shows what earnings a person has made and what their monthly benefits would be if disabled and what benefits a person would receive on retirement at ages 62, 65 and 70. If a person has been injured on the job they can receive social security and compensation benefits. There is, however, a limitation to these benefits. The total benefit cannot exceed eighty percent (80%) of the monthly income they received when they were working.
Obtaining these benefits usually depends on the seriousness of the disability being claimed. The disability can be physical or mental, but must be substantiated by medical documentation. A normal claim would take up to eighteen months to process if the procedure has to be heard by an administrative law judge.