Workers' Compensation FAQs
If an employee is injured while carrying out work-related duties, the injury is deemed to have happened during the job of the worker. Workers' compensation helps pay for the required medical care for the injuries or illnesses that took place during work. Workers are entitled to weekly compensation and may be entitled to a settlement when they reach an end medical result.
Generally, NO. This is because Massachusetts has a workers' compensation system in place. Instead of the employer directly getting sued, this system requires an injured person to make a claim through workers’ compensation. Workers’ compensation may normally offer financial compensation for the following losses:
- Healthcare/Medical costs linked with injuries and accidents
- Wage benefits
- Transportation to doctor's appointments
The benefit of this program is that, regardless of fault, you, or a loved one, will obtain financial assistance. In other words, if you partially contributed to causing the accident, it does not matter. For your injuries and damages, you will receive financial compensation.
All Massachusetts companies are expected to carry insurance for workers' compensation. The employee effectively gives up the right to sue the employer in return for these benefits. However, there are situations in which a worker may demand additional damages for a work-related injury when injury was caused by the negligence of a third party.
Individuals can receive 60% of the difference between their average weekly pre-injury wage, and their earning capacity with a partial disability. However, they cannot receive more than 75% of their total temporary disability benefits with partial disability.
Injuries that are more muscular and are non-surgical (such as neck, back, and shoulder strains), are forms of injuries that could lead to temporary partial disability. Treatment will be non-invasive and will usually require visits to the doctor's office, as well as physical therapy. There is typically an initial phase in which the injury is serious, but, with treatment, these injuries tend to improve. The condition may become more chronic, and a plateau could be reached by the injured worker.
In Massachusetts, disability in workers' compensation claims implies that, because of a work injury, the disabled worker is unable to fulfil his or her job duties. In these cases, an injured worker may be eligible for disability benefits and entitled to a settlement.
A workers' compensation settlement is an arrangement that will settle a workers' compensation claim between the injured employee, employer, and insurer. A settlement in a workers' compensation claim requires an injured or disabled worker to give up the right to receive compensation benefits from all future work in return for accepting a lump-sum settlement. This is because it includes the loss of the right to future compensation from a worker.
This is a very normal circumstance. Many times, when an employee is injured, the employer sees the injured employee as an annoyance. If the injury gives rise to a claim for compensation, the employer is obliged to report the injury within fourteen (14) days to their Workers' Compensation Insurer. Sometimes, employers also decline to do so.
It is important to contact an experienced Workers’ Compensation attorney at the Bellotti Law Group, P.C. at the earliest, to advise you on the best way to proceed.
Many of the benefits applications for workers' compensation are rejected. Many individuals who are refused applications just walk away, assuming they have no further say in the matter. This is precisely what the insurance company expects that you will do.
Under the law, through a four-stage process administered by the Massachusetts Department of Industrial Accidents, you have the right to appeal the rejection. These can be challenging legal proceedings, and we can help to ensure that your rights are covered by getting a reliable workers' compensation attorney to represent you. If neither of these processes achieves a satisfactory result, the case may be appealed to the Court of Appeals of Massachusetts.
All settlements are subject to the approval of an administrative law judge, or other conciliators at the Massachusetts Department of Industrial Accidents.
Fortunately, if you get fired, the workers' compensation claim and the compensation you get from it will not stop until your doctor advises you that you can go back to work and have reached an end medical result.
You must not delay filing a workers' compensation claim in any scenario out of fear of retaliation. Workers' compensation attorneys are here to help eliminate the financial burden and assist in your recovery. Use it for your benefit and concentrate on your health.
Sadly, because of the injuries you sustained in the workplace, it is legal for employers to fire you. Employers cannot do that only because you have been injured and filed a workers’ compensation claim. The injury must have a long-term effect on your ability to do your work.
Only the job where your work-related accident or illness has happened will help you. However, if you are injured at work and you have several jobs, you must report the other jobs to your employer and your attorney. Failure to do so will result in severe consequences.
You must show that you have sustained an accidental injury or illness to claim workers' compensation benefits, and that injury or illness occurred in the course of employment. Even though you are willing to prove this, without a fight, employers and insurance providers usually fight on this issue. The battle can get much more complex when it comes to multiple jobs.
The maximum and minimum compensation rate for workers' compensation benefits are set each year on October 1st by the Commissioner of the Division of Unemployment Assistance, as defined in MGL c.152, §1, as follows:
(10) "Maximum weekly compensation rate," one hundred per cent of the average weekly wage in the commonwealth according to the calculation on or next before the date of injury by the deputy director of the division of employment and training."
(11) "Minimum weekly compensation rate," twenty per cent of the average weekly wage in the commonwealth according to the calculation on or next before the date of injury by the deputy director of the division of employment and training."
As of 12/24/91, § 34 - benefits run for up to 156 weeks.
You will need an accomplished attorney who can pursue your rights vigorously. If you are based in Massachusetts, you should promptly contact one of our experienced workers’ compensation attorneys at the Bellotti Law Group, P.C.