- How do I know whether I am eligible for workers’ compensation?
- How do I find out the name of my employer’s workers’ compensation insurer?
- What types of injuries are covered by workers’ compensation?
- What monetary benefits are available if I become disabled?
- What medical coverage will I receive if I am injured at work?
- My supervisor says that I can’t get workers’ compensation because it was my fault that I got hurt. Is that correct?
- When I suffer a work-related injury, do I have to be treated by my employer’s doctor?
- Who pays for workers’ compensation benefits?
- If my employer doesn’t have workers’ compensation insurance, how do I get benefits?
- Should I hire an attorney to handle my workers’ compensation case?
- Can I settle my case?
- My employer’s doctor has released me to go back to work, but my doctor disagrees. What do I do?
- I went back to work after receiving workers’ compensation, but my injury was so bad I had to stop working again. Do I still get workers’ compensation benefits?
- What are my rights if my injury is caused by the negligence of someone other than my employer or co-worker?
- Is workers’ compensation the same thing as short-term and long-term disability?
- What happens if I have a second job that I can still perform while I am off work and receiving workers’ compensation benefits?
- How long do I have to file a claim after I am injured?
- I signed a waiver of claims against my employer when I accepted my job. Did I waive my right to workers’ compensation benefits?
- I am an immigrant, but I don’t have proper documentation of my right to work here. Can I get workers’ compensation benefits?
For a free case evaluation of your workers’ compensation claim, please contact us online or call us toll free at (800) 367-0871 to speak with an experienced workers’ compensation attorney at Kantrovitz & Associates, P.C. We have more than 20 years of experience fighting for the rights of individuals injured in the course of their employment.
Based in Boston, Massachusetts, the workplace injury lawyers at Kantrovitz & Associates, P.C., help injured workers across Massachusetts, including but not limited to Boston, Essex, Middlesex, Norfolk, Suffolk, Plymouth and Merrimack River. We also represent Rhode Island and New Hampshire residents whose injuries occurred in Massachusetts or who were hired in Massachusetts but who were injured out of state.
How do I know whether I am eligible for workers’ compensation?
Generally, there are two main questions that determine whether you are eligible for workers’ compensation. First, are you an employee? Second did your injury or disabling condition happen as a result of your employment? If you can answer “yes” to both questions, then it’s very likely that you’re eligible for workers’ compensation. If you’re not sure about the answer to either question, talk to an experienced workers’ compensation attorney, who can help you find out whether or not you’re entitled to workers’ compensation benefits for your injury.
How do I find out the name of my employer’s workers’ compensation insurer?
Massachusetts law requires that your employer have a poster with this information displayed at your workplace. If you can’t find the information there, ask your employer directly. In addition, the Massachusetts Department of Industrial Accidents has an online tool called the “Workers’ Compensation Proof of Coverage and Verification Search.” The information also should be contained on the copy of your employer’s report of your injury to its workers’ compensation insurance carrier, which your employer is required to send you.
What types of injuries are covered by worker’s compensation?
Any injury that arises out of and in the course of employment is compensable. If an injury occurs at work, it generally will be covered without regard to who was at fault unless the injured person was guilty of serious and willful misconduct. Employees who become disabled due to repetitive activities such as lifting are entitled to benefits under the law. In addition, cumulative trauma/repetitive motion injuries such as carpal tunnel syndrome and tendonitis are covered.
What monetary benefits are available if I become disabled?
If you are rendered totally disabled due to a work-related injury, then you will receive compensation at the rate of 60% of your pre-injury wage. Your pre-injury wage will be determined based on an average of your gross earnings before the injury. This will include base wages, overtime, bonuses, as well as shift differentials. Also note, if you worked at more than one employer on the date of your injury, the wages you earned from all jobs will be included in your gross average weekly wage. Total disability benefits can last for a maximum of three years. If you are rendered partially disabled (unable to do regular work and/or earn regular pay) then the insurer must pay 60% of the difference between your pre-injury wage and your current earnings. Partial disability benefits can last for a maximum of five years. Combined, a worker can collect total disability and partial disability for a maximum of seven years.
What medical coverage will I receive if I am injured at work?
An injured worker is entitled to full payment for all medical treatment that is reasonable, necessary and related to the accident. There are certain guidelines that may restrict an employee’s treatment, but as a general rule workers will be able to obtain medical treatment. In addition to receiving treatment from your physician, your employer can have you seen by its doctor as well. These examinations are called IME’s. The examinations are supposed to be “impartial”. Do not be fooled, often and IME physician will say whatever the workers compensation insurer requests.
My supervisor says that I can’t get workers’ compensation because it was my fault that I got hurt. Is that correct?
No, it doesn’t make any difference whose fault it was. In most cases, unless you were intoxicated when you were hurt, hurt yourself on purpose or while you were horsing around, or were hurt by someone who was mad at you for personal reasons, you are entitled to weekly payments and medical benefits for your injury.
When I suffer a work-related injury, do I have to be treated by my employer’s doctor?
For the first 90 days of medical care, Massachusetts law requires you to select from a list of doctors chosen by your employer. The law says that there must be at least six doctors for you to choose from. Your employer cannot (and should not) make the choice for you. You are free to choose your own doctor if your employer does not have a list available. And you are free to select another doctor on the list if the first choice was unsatisfactory. The list usually appears on letterhead from the workers’ compensation insurance carrier. The sheet should explain your rights and obligations under the law.
Who pays for workers’ compensation benefits?
The employer pays the cost of the workers’ compensation benefits for injured employees or their families. Most employers have insurance that covers the cost of providing injured employees with workers’ compensation benefits. In Massachusetts, an injured employee may bring a personal injury action under Tort Law in the Civil Courts against an employer who did not have workers’ compensation insurance when the employee was injured.
If my employer doesn’t have workers’ compensation insurance, how do I get benefits?
Massachusetts has established the Workers’ Compensation Trust Fund, which makes payments to injured workers where their employers failed to obtain workers’ compensation insurance. The Workers’ Compensation Trust Fund, within the Department of Industrial Accidents, administers benefits paid from the Trust Fund.
Should I hire an attorney to handle my workers’ compensation case?
In order to be eligible for workers’ compensation benefits, your case will need to be heard by a conciliator or administrative judge at the Department of Industrial Accidents. The insurance company for your employer will be represented by an attorney at the Department of Industrial Accidents. You, too, should have experienced counsel present. An experienced workers’ compensation attorney can give you advice about getting all of the benefits to which you are entitled under Massachusetts workers’ compensation law, and also aggressively represent your interests in the informal and formal proceedings that will result in your benefits award.
Can I settle my case?
Yes. Workers’ compensation cases can resolve by way of a settlement. Settlements are reached after negotiation between the injured worker or his attorney and the insurance company. Under most circumstances, your employer must also agree to the settlement.
My employer’s doctor has released me to go back to work, but my doctor disagrees. What do I do?
You can choose not to go back to work, if either you or your physician feel you are not yet ready. However, if you do not return to work the insurance company will probably file a petition to terminate, suspend or modify your workers’ compensation benefits. If your case has been accepted and liability has been established, then you will continue to receive benefits until a conference is scheduled for a judge to review your claim. If however, you are still within the “pay without prejudice” period ( first 180 days), then the insurance company may terminate or reduce your benefits without first asking the permission of an administrative judge. Under this circumstance you will be required to file a claim with the Department of Industrial Accidents.
I went back to work after receiving workers’ compensation, but my injury was so bad I had to stop working again. Do I still get workers’ compensation benefits?
If you earlier received benefits after a finding of liability, and you returned for work for less than 28 calendar days but had to stop because of your work-related injury, then you’re entitled to a resumption of your workers’ compensation benefits, without question by the insurance company. Be sure to promptly tell your insurer and your doctor that you are back off work so that it can start your payments again. You will likely be required to offer medical evidence from your doctor that your attempted return to work was not successful. Even if you are back beyond the 28 day period, an insurance company will and should often resume the payment of benefits if you become incapable of performing the functions of your job. An injured worker should not discontinue their medical care if they attempt a return to work, and are still under the active care of their physician. Your continuing medical care will provide a “paper trail” in the event that your return to work was not a success.
What are my rights if my injury is caused by the negligence of someone other than my employer or co-worker?
If you are injured due to the negligence of a third party (meaning someone other than your employer or a co-worker), then you may have the right to bring a civil lawsuit against that third party. Your right to bring a claim against the third party does not affect your right to receive worker’s compensation benefits. The benefits available in a third party claim include the right to collect for lost wages, pain and suffering, medical costs and spousal rights.
Is workers’ compensation the same thing as short-term and long-term disability?
Absolutely not. Workers’ compensation is only for injuries or illnesses that occur due to employment. Short-term and long-term Disability is for injuries or illnesses that are not work related.
What happens if I have a second job that I can still perform while I am off work and receiving workers’ compensation benefits?
Generally, you can still receive workers’ compensation benefits if you stay on your second job, but the benefits will only compensate you for your lost wages from the job you can no longer perform.
How long do I have to file a claim after I am injured?
Under Massachusetts workers’ compensation law, a claim must be filed with the workers’ compensation insurer within four years of the date an employee becomes aware of the connection between their disability and their employment. In the case of the death of an employee, the claim must be within four years of death.
I signed a waiver of claims against my employer when I accepted my job. Did I waive my right to workers’ compensation benefits?
No. Massachusetts law states that no agreement by any employee to waive the right to workers’ compensation will be valid.
I am an immigrant, but I don’t have proper documentation of my right to work here. Can I get workers’ compensation benefits?
Yes. Massachusetts workers’ compensation benefits are available to undocumented workers who suffer an work-related injury or illness.
Injured on the Job? Contact Our Workplace Accident Lawyers
The Massachusetts’ workers’ compensation system is designed to ensure that workers who are injured on the job receive paid medical treatment and compensation for lost wages after being fully or partly disabled for five days or more. The experienced workers’ compensation lawyers at Kantrovitz & Associates, P.C., based in Boston, Massachusetts, can help you obtain your full benefits after a workplace accident.
For a free case evaluation of your workers’ compensation claim, please contact us online or call us toll free at (800) 367-0871 to speak with an experienced workers’ compensation attorney at Kantrovitz & Associates, P.C. We have more than 20 years of experience fighting for the rights of individuals injured in the course of their employment.
Our workplace injury lawyers at Kantrovitz & Associates, P.C. help injured workers across Massachusetts, including but not limited to Boston, Essex, Middlesex, Norfolk, Suffolk, Plymouth and Merrimack River. We also represent Rhode Island and New Hampshire residents whose injuries occurred in Massachusetts or who were hired in Massachusetts but who were injured out of state.
