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How Does Workers' Compensation Work?

Workers’ compensation coverage is required for employers in the state of Massashusetts. Employees are able to receive benefits through the Workers’ Compensation Act, in the event of a workplace accident, or contraction of a work-related illness. 

Workers’ compensation limits your liability for workplace injuries. Workers’ compensation also limits the amount of liability employers take on in the event of a workplace accident/illness. However, some employers may not be protected from this liability in cases involving willful negligence. 

The attorneys at Bellotti Law Group, P.C. have over 3 decades of experience with workers’ compensation claims, and will fight to protect your rights. The workers’ compensation process is complicated, and the workers’ compensation lawyers can guide you through the legal process, ensure filing is done correctly, gather witness testimonies, gather expert advice, and work to make sure you receive the maximum compensation possible. There are no fees unless you win! Call 617-225-2100 for a free consultation today.

All workers (with one exception) are covered. This coverage gives benefits to injured workers in work-related injuries or illnesses, regardless of the amount of hours each person works each week. The cost of medical treatment and a partial amount of lost wages associated with the workplace accident are covered by workers’ compensation.

Domestic service employees are the only exception to the Workers’ Compensation Act. They must work a minimum of 16 hours per week for workers’ comp coverage. Additionally, an exclusive owner of a business does not need workers’ compensation coverage, unless they have employees.
Employers are required to hang a “Notice to Employees” sign in the workplace. This sign should be written in all necessary languages for the employees, and placed in a common area of the workplace. 

What Does Workers’ Compensation Provide for Employees? 

All accidents and injuries that take place on the job are covered by Workers’ Compensation. Any workplace contracted illnesses are also covered. These illnesses could be due to chemical exposure, allergens, and poor working conditions. 

Repetitive motion injuries are also covered. These injuries develop over longer periods of time, such as carpal tunnel syndrome. 

Employee’s lost wages associated with the accident or illness, as well as lost wages due to inability to return to work. 

Medical care is covered, as well as longer term ongoing care after a workplace injury or illness. 

Funeral costs, in the event of workplace accidents or illness that result in the death of an employee are also covered by this act. 

Disability benefits, in cases where an employee is disabled from a work related accident. 

MA Workers’ Compensation Rates 

The Workers’ Compensation Rating and Inspection Bureau of Massachusetts sets the workers’ compensation rates and class codes. 

The Department of Industrial Accidents is in charge of the workers’ compensation system. The DIA handles the court system for workers’ compensation cases, and gives support in these cases to insurers, lawyers, injured workers, and employers. 

In order to file a workers’ compensation claim, information about the workplace injury or illness is required. This information includes: the exact day of an injury, illness, or wrongful death. The type of injury, specifics such as which body parts are injured, the 1st day an injured worker missed work, the 5th day that the injured worker missed work, as well as information regarding the physician of the employee’s injury/illness. 

Your employer is required to file a notice of a workplace injury or illness if you have missed five days of work (full days or partial days), or you have sought medical treatment for your work related injuries/illnesses. This notice is filed with the Department of Industrial Accidents (DIA). Your employer will send the DIA Form 101, also known as the “Employers’ First Report of Injury or Fatality”. After an injured employee has missed 5 days of work, the workers’ compensation insurer has 7 days to file Form 101. 

Your employer must also notify their workers’ compensation insurer about the workplace accident or illness. After receiving notice of the accident, the workers’ compensation insurer has 2 weeks to decide whether or not to pay you workers’ compensation benefits. 

What If My Employer Does Not File a Notice of My Claim? 

If your employer does not file a notice of your claim, they are violating the law and are subject to penalties for their failure to file. If this happens, you must report your injury by filing Form 110 to your employers’ workers’ compensation insurer, and to the Department of Industrial Accidents. 

To find the contact information for your employer’s workers’ compensation insurance company, you can ask your employer directly or locate the “Notice to Employees” sign that is required to be hung in a common area of your workplace. This sign should have the contact information of your insurer. You can also contact the Office of Insurance under the Department of Industrial Accidents at 617-727-4900, and get help from them to find out the contact information of the relevant insurance company.

If you are later denied by the workers’ compensation insurance company, this is the same form you would file to appeal your claim. Resubmit Form 110 to mass.gov. to appeal your claim, and the DIA will review your employee’s claim. 

What If My Employer Retaliates Against Me For Filing A Workers’ Compensation Claim? 

If your employer retaliates against you, you have grounds to sue your employer. If you are a victim of employer retaliation against a workers’ compensation claim, contact an experienced workers’ compensation attorney as soon as possible to discuss your options. The lawyers at Bellotti Law Group, P.C. will fight aggressively to make sure you receive the compensation you deserve. Call 617-225-2100 for a free case evaluation. 

What is the Statute of Limitations for a Workers’ Compensation Case? 

The statute of limitations is four years since the first day of the injury for filing workers’ compensation cases. The Department of Industrial Accidents can extend that window in cases where it is reasonable for someone not to know the injured for long periods of time. This is the case for many work related illnesses, such as mesothelioma which is caused by exposure to asbestos fibers. 

Seek immediate medical attention. Do not go back to work. You need to have a proper medical evaluation and treatment for your injuries for your own health and safety. Additionally, seeking medical treatment immediately increases your chances of obtaining as many workers’ compensation benefits as possible for your case. 

Contact An Attorney 

The attorneys at Bellotti Law Group, P.C. have over 38 years of workers’ compensation experience, and will fight vigorously to ensure you receive the maximum compensation possible. Insurance companies want to give you as little money as possible, in order to maximize their profits. Insurance companies have their own experienced attorneys, and it is vital that you also obtain legal representation to thoroughly defend yourself. Call 617-225-2100 for a free case consultation today.
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