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Disability Benefits Available in Good Times and Bad
By Karen Hambleton, Esq.
In good or bad economic times, an accident or illness can leave you unable to work and feeling financially and emotionally stressed. An experienced attorney in disability law and related fields -- workers’ compensation, Social Security disability, unemployment benefits -- can help protect your rights and maximize your benefits.
Workers’ Compensation Benefits
The law requires all employers in Massachusetts to carry workers’ compensation insurance for their employees. If you are injured on the job, you should immediately report your injury to your supervisor and seek appropriate medical care. Do not take the advice of some who tell injured employees that “they will be taken care of” so long as the injury is not reported. Eventually, a decision not to report a work injury will only hit you in the wallet.
Make sure you give an accurate description of the work injury when you first go to the doctor or the hospital emergency room. Inaccurate or incomplete histories in medical records may be difficult to explain later. Continue to report the work injury accurately to all medical providers, including doctors, nurses, and therapists.
Your employer is legally required to notify its workers’ compensation insurer of your injury. If your employer resists reporting your injury, ask for the workers’ compensation insurance information to report it yourself. Do not be intimidated into not exercising your rights. The insurance company is obligated to notify you by mail within fourteen days after it receives notification of your injury to pay your claim or deny it.
If the insurer decides to pay your claim, you will begin to receive weekly benefits checks, and your bills for injury-related medical treatment will be covered. Workers’ compensation benefits are not open-ended, however, and at some point, usually within six months, the insurance company may stop your benefits, even if you still remain unable to work. When that happens, you will need the assistance of an experienced attorney to help you with the workers’ compensation legal system and protect your rights.
Not all work-related conditions are the result of a specific on-the-job injury or trauma. Some, such as carpal tunnel syndrome, back failure and other overuse or repetitive injuries, as well as exposure to toxic materials such as asbestos, appear gradually due to daily job duties. You have the right to workers’ compensation benefits for these types of injuries as well. Again, report the injury to your employer when you develop symptoms of a chronic, work-related condition, and seek medical treatment. Make sure you discuss your work with your doctor as well.
Even if the insurer initially pays you benefits, at some point your claim is likely to enter the legal system, when you will need the help of an experienced workers’ compensation attorney. I am available at either of my offices, in New Bedford and Braintree, or by phone, to help you at what is sure to be a stressful time in your life.
Social Security Disability Benefits
Deductions from your paychecks are paid into the Social Security system for your future retirement. But did you know that you are covered under the same system if you cannot work and expect to be out of work for a year or longer? The Social Security Disability Insurance (SSDI) program is a federal benefit available to individuals who meet the contributions requirements and who are injured or ill for twelve months or longer. The program pays a monthly benefit to the disabled individual, and may include an additional benefit for dependent children. Need-based Supplemental Security Income (SSI) benefits may be available if you do not meet the contributions requirements for SSDI benefits. In addition, disabled children can apply for SSI benefits.
Karen Hambleton, Esq.
Karen S. Hambleton, Esq., has over fourteen years of experience helping cliens with workers’ compensation, Social Security disability, public employee retirement and related legal issues. She can also help you win unemployment benefits if you have been ufairly denied. For the cost of a phone call, she can help you with all your legal needs in these areas. 34 Welby Road, # 103
Two convenient locations:
New Bedford, Massachusetts 02745
Off Route 140, Exit 5
420 Washington Street, Suite 400
Braintree, Massachusetts 02184
Please call her at 508-207-0282, or 781-848-8886 for a free consultation or visit:
www.hambletonlaw.com
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