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I was leaving the construction site after a day’s work and was struck by falling debris causing injury. Do I have a workman’s comp claim?

Homepage > Personal Injury > I was leaving the construction site after a day's work and was struck by falling debris causing injury. Do I have a workman's comp claim?
I was leaving the construction site after a day’s work and was struck by falling debris causing injury. Do I have a workman’s comp claim?

Workers’ compensation is a benefit used by states to compensate employees of private and government employers when they are injured at work. In the state of Massachusetts, the Department of Industrial Accidents (DIA) oversees the workers’ compensation system. Workers’compensation insurance covers almost all employees in Massachusetts. 

You are entitled to file for workers compensation benefits if you suffer a work-related injury or illness, or are a dependent of a worker killed on the job. Employers are required to visibly display the name and address of its Workers’ Compensation insurer and policy information.

To qualify for workers’ comp benefits, you must have a work-related injury or illness causing disability for five full or partial calendar days. However, the days do not need to be consecutive.Injuries will need to be reported to your employer who is then required to file the Employer’s First Report of Injury or Fatality (Form 101).

In the event your employer does not send the Form to the insurer within 30 days of your injury, you will need to report your injury in writing to the insurance company yourself. Keep documentation of when and how the injury occurred and all records related to the injury such as medical visits. 

Employers or insurers do not dispute most injured worker claims, however, in the event your claim is disputed, having legal counsel to protect your rights and interests is highly recommended due to the complex nature of the workers’ compensation law.

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    Phillips, Gerstein & Channen, LLP is a law firm in Haverhill, Massachusetts. Our firm represents clients from Massachusetts cities throughout Merrimack Valley including Andover, North Andover, Boston, Methuen, Newburyport, Lawrence, Gloucester, Merrimac, Amesbury, Lowell, Groveland, West Newbury, Georgetown, and Rowley, and New Hampshire cities including Salem and Plaistow. We represent clients in Essex County, Middlesex County, and Suffolk County in Massachusetts and Rockingham County and Hillsborough County in New Hampshire.

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