Workers’ compensation can be a complicated process and we understand (and expect) you’ll have questions. Some of the more common questions we get regarding workers’ compensation cases can be found below. For any other questions you have that aren’t covered below, don’t hesitate to contact us. There is never any cost to talk to us or ask questions.
Do You Have a Workers’ Compensation Claim if an Employee Dies While Working?
Yes, if a relative passes away in a work incident, you can file for a workers’ compensation claim for survivor benefits through Section 31, 32, and 33. Unfortunately, you cannot sue for pain and suffering. Under Section 31, survivor benefits, which allocate a percentage of deceased members’ salary (usually two-thirds of their average weekly wage) …
Do You Have a Workers’ Compensation Claim if an Employee Dies While Working?Learn More
What Can I do if the Insurer Denies My Claim or Terminates My Benefit Before the 180-day Period Ends?
If your insurer denies your claim or terminates your benefits in the Payment-Without-Prejudice Period (6 months after the onset of your disability), you can file a claim and argue your case in front of a Judge that you are still disabled. The termination of benefits during the Payment-Without-Prejudice Period occurs a lot. Please call an …
Will the Insurance Company Continue to Pay My Medical Bills After the Case Is Settled?
Yes, as long as your lump-sum settlement included liability for X diagnosis and any treatment that is reasonable and related to the X diagnosis, the Insurer will be responsible for it. However, the Insurer can dispute any treatment. If they do dispute treatment, you will simply need to file a claim and argue it in …
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My Employer Doesn’t Have Workers’ Compensation Insurance. Can I Still Collect Benefits?
Yes, you can still receive workers’ compensation benefits even if your employer has no insurance. Although your employer should have workers’ compensation insurance, you can collect benefits from the Workers’ Compensation Trust Fund (WCTF). This is a fund that presents benefits for workers whose employers do not have insurance. In order to file a workers’ …
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Can I Receive Both Workers’ Compensation Benefits and Social Security Benefits?
Yes, you can receive both concurrently but there could be an offset. The two operate as different programs. Social Security is federal so, with that being said, they do not directly affect each other. However, there is a limit to social security and how much is collected and saved from the average current earnings of …
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Can an Employee Receive Workers’ Compensation Benefits if he/she Wasn’t in the Workplace at the Time of Injury?
Yes, you can receive benefits even though your injury didn’t occur at the place of business but each case is different. For example: if you are a UPS delivery driver and you injured your knee while carrying a package to a customer’s house, then surely this will be considered a work injury. If you work …
If I Have a Workers’ Compensation Claim From the Past Can I Hire a Lawyer?
Yes, if you are within the statute of limitations (4 years), you are able to file a claim with or without legal help. If your claim is denied and you wish to appeal it, you can/should reach out for an attorney’s help.
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What is a Workers’ Compensation Claim?
A workers’ compensation claim can be filed under Form 110. An employee who alleges that he/she was injured at work is someone who would be filing this form. Form 110 is filled out by employees or dependents who are looking to claim benefits as a result of an injury or death. Anyone who is claiming …
What is the Appeal Period for Workers’ Compensation Claims in MA?
You are given 30 days to appeal a denied workers’ compensation case. It is recommended that if you decide to pursue your case after denial, you find legal support before moving forward. If there is any confusion about the origin of the injury, it is likely that the employer/insurer will try to deny the claim, …
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What is Form 106?
If you are injured on the job and cannot continue working, the employer’s insurance carrier may be paying you through workers’ compensation. However, they have a 180 day period to pay for your medical bills or send weekly checks without accepting liability. During this time period, you may receive a Form 106, “Insurer’s Notification of …
What is Form 108?
“Insurer’s Complaint about Modification, Discontinuance, or Recoupment of Compensation.” Form 108 is a claim made by the workers’ compensation carrier to reduce or stop your weekly benefits. You will receive this form if the insurer has made payments beyond the Pay Without Prejudice Period and wants to modify or end your benefits. Your benefits do …
What is the Difference Between a Workers’ Compensation Lawyer and a Personal Injury Lawyer?
A workers’ compensation case and a personal injury case can appear to be very similar. Both of these types of cases revolve around injuries, however, with workers’ compensation, the injury must occur at work. Personal injury attorneys take cases where someone is found injured due to another’s negligence. Workers’ compensation attorneys take cases where someone …
What are the Requirements for Workers’ Compensation Eligibility?
In order to be eligible for workers’ compensation in Massachusetts, you need to have suffered a work-related injury, illness, or be a dependent of a worker killed on the job. You must have been injured or hired in Massachusetts to collect Massachusetts workers’ compensation. You must be able to show an employee-employer relationship. Unfortunately, independent …
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Can Someone be Fired for Filing a Workers’ Compensation Claim?
It is illegal to be terminated for filing a workers’ compensation claim and therefore can result in a possible employment law case. In the case of being fired while out on workers’ compensation, an employer is not required to hold your job open while you are unable to work due to an on-the-job- injury unless …
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What is the Difference Between a Third Party Slip and Fall Lawsuit, Versus Workers’ Compensation Hurt on the Job in Massachusetts?
A third party slip and fall lawsuit is different from workers’ compensation in the sense that the employer is not liable for the cause of injury. For example, if you are walking into work one day, but slip on ice in the parking lot and injure yourself, the injury would be viewed as a workers’ …
If You Get Hurt At Work Can They Make You Use Paid Time Off?
This is a case by case basis, some employers, like the City of Boston, make employees use their vacation time for the first five days. The employers will then reimburse the employees for 60% of the time they used. Workers’ compensation can be a complicated process and we understand (and expect) you will have questions. …
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How Long Does it Take After the Injury Occurs to Receive Workers’ Compensation Benefits?
You may be able to start receiving benefits almost immediately or you might have to file a claim and argue for benefits which could take 12 to 16 weeks. Under the law, once an Insurer receives notice of your disabling work injury, the Insurer then has 14 days to either start paying you weekly disability …
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Do You Have to File Taxes on the Workman’s Compensation?
No, you do not pay income taxes on workers’ compensation benefits, this includes lump-sum settlements.
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Does Workers’ Compensation Only Cover My Medical Bills?
Yes and no. If you are disabled due to a work injury then you are entitled to weekly disability benefits and medical benefits. If you are not disabled but seeking medical treatment for your work injury, then the insurer will be responsible to pay for the medical treatment.
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How Does Workers’ Compensation Work in NH?
Similar to Massachusetts workers’ compensation laws, every employer who has any employees, full or part-time, needs to have workers compensation insurance (New Hampshire Workers’ Compensation Law RSA 218-A:5). Even if the company is a non-profit organization, the business needs to have workers’ compensation insurance. For individuals who are self-employed, it is not required to have …
What does Memorializing a Work Injury in Court Mean?
When a stipulation agreement is arranged between the carrier and claimant, it is memorialized in writing and placed on the record by the Judge. This agreement is used to measure and decide on the loss of use, disability, reimbursements to the employer, and/or your weekly indemnity benefits.
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Do you Report the Workman’s Compensation Settlement to Social Security?
It is not mandatory to report workers’ compensation settlements to social security, but if you do, you will only receive both benefits under severe conditions.
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What Percentage of your Pay Does Workers’ Compensation Pay?
Temporary Total Incapacity Benefits: If you are unable to work for 6 or more full calendar days (they do not have to be consecutive) because of an injury or illness then you qualify for workers’ compensation. You will receive 60% of your gross average weekly wage of the 52 weeks prior to the date of …
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I Got Hurt at Work but Didn’t Fill Out Paperwork, What Can I Do? It’s Been Two Months.
You are still within the given time period to file a claim. Employees in Massachusetts are given four years from when the injury occurred to file a claim with the DIA and pursue a workers’ compensation settlement. You should report the injury as soon as possible and seek medical treatment.
I Got Hurt at Work but Didn’t Fill Out Paperwork, What Can I Do? It’s Been Two Months.Learn More
Can you Apply for Unemployment After a Workers’ Compensation Settlement?
It is possible to collect unemployment after a workers’ compensation settlement, but oftentimes a resignation letter will become part of the settlement deal. If you signed off on the resignation letter then you will no longer be able to collect unemployment. If you were already collecting unemployment in the meantime of reaching a settlement deal, …
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How Long do I have to File a Lawsuit After Getting Hurt at Work?
For workers’ compensation claims in Massachusetts, you are able to file Form 110 with the Department of Industrial Accidents (DIA) for benefits within 4 years of when the injury occurred.
How Long do I have to File a Lawsuit After Getting Hurt at Work?Learn More
When Hurt on the Job, Do They Have to Pay me for Missed Overtime?
Workers’ compensation is calculated based on lost wages. If you miss hours due to your work injury, you are entitled to 60% of the difference between your pre-injury average weekly wage and your post-injury weekly wages.
When Hurt on the Job, Do They Have to Pay me for Missed Overtime?Learn More
If Workers’ Compensation Denies More Physical Therapy and I Lose Permanent Function Because of it, Do I Have a Lawsuit?
If the insurer denies physical therapy in good faith, the only recourse is to appeal the denial to the Department of Industrial Accidents (DIA). If you lose permanent function as a result of your injury, you may seek a one-time loss of function benefit.
What is Form 110?
It is important to report your work-related injury or illness to your employer as soon as possible. The employer is required to report your injury or illness if you are not able to work for 5 or more days. If the employer does not report your claim within 7 calendar days (not including Sundays or …
Light Duty Work – What Does it Mean?
If someone suffers from a workplace injury and they are out on workers’ compensation benefits, their doctor will offer the worker a notice stating their work restrictions once they are able to return to work. Injured workers in Massachusetts who are out on workers’ compensation may receive a “light duty” job offer from their employer. …
What is the Massachusetts Workers’ Compensation Law?
The workers’ compensation attorneys at Keches Law Group are part of a passionate team that will handle your workers’ compensation case from beginning to end. All members of Keches Law Group are advocates for the rights of working people, in and out of the courtroom. Under Massachusetts Law, c.152, workers’ compensation is required for every company …
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How Long Am I Entitled to Receive Workers’ Compensation Benefits/Medical Benefits?
There are three aveneues for weekly disability benefits, 1) Temporary Total Disability, 2) Temporary Partial Disability and 3) Permanent and Total disability benefits. Temporary Total Incapacity Benefits: Up to 156 weeks or 3 years Temporary Partial Incapacity Benefits: Up to 260 weeks or 5 years. However, you are entitled to 7 years of benefits when …
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Should I Sign Form 105? What is Pay Without Prejudice (PWOP)?
Form 105 is an Agreement to Extend the 180 Day Payment Without Prejudice Period (PWOP). Workers’ Compensation insurers may send this form to you if you are injured and have not gotten an attorney. This typically means that the insurer is trying to get you to sign this form without entirely comprehending the consequences of …
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Do I Need to Prove Fault for my Workers’ Compensation Claim?
In some cases, an injured employee may think that their employer is directly responsible for their injury or illness. For the most part, however, this is irrelevant to the legal proceedings of a workers’ compensation claim. An injured worker is eligible to receive full compensation benefits regardless of the cause of the accident or injury. …
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Do I Need a Workers’ Compensation Lawyer?
It is not mandatory to have an attorney for workers’ compensation. However, if your employer argues about the origin or severity of your injury or your employer holds back on compensation, an attorney is recommended. In some cases, the Massachusetts workers’ compensation claim process is relatively uncomplicated, but this is not usually the case. Most …
How do I File a Workers’ Compensation Claim?
If you are an injured employee you must complete Form 110 and file a claim with the Department of Industrial Accidents (DIA). After completing the form and gathering your attachments, you must make 3 copies of your Form 110 and add any/all documents that support your case. You then need to send these copies to …
What is a Settlement and How Long Do They Take?
A trial must occur within 210 days, but oftentimes the case is settled sooner. You may receive workers’ compensation payments before the case closes depending on the employer and insurer. Having an attorney involved will ensure appropriate compensation. Sometimes, the workers’ compensation insurer and the employee voluntarily agree to a lump sum settlement. This requires …
Can My Benefits be Discontinued at Any Time?
During the first 180 days of receiving benefits, your payments are made “without prejudice,” meaning that even though the company is paying you weekly, they do not admit responsibility for your injury or illness. During this period, the insurer may discontinue your payments at any time by giving you 7 days notice. They will explain …
Can I Use My Own Doctor?
You are entitled to seek medical attention from any health care provider you wish unless your employer or the workers’ compensation insurer has entered into what is called a “Preferred Provider Agreement.” In that case, you may need to make your first appointment at the preferred facility, but you can still see a doctor of …
What are Cost of Living Adjustments?
All workers that receive permanent and total incapacity compensation—or people receiving a deceased spouse’s benefits—are also eligible to receive cost of living adjustments (COLAs). However, no COLA will be made to a person receiving Social Security disability benefits if the social security payment would need to be adjusted as a result of the COLA payment. …
Can My Employer Force Me to Return to Work?
No one can tell you that you must return to work. This includes the insurer, the insurer’s examiner, and your employer. This decision is up to you and should be made carefully after discussions with your doctor. The only exception to this rule is if the Department of Industrial Accidents orders an impartial physician and …
Are You at Risk for a Work-Related Injury or Illness?
Any employee can suffer from a work-related injury or illness. Reports show that the risk is significantly higher for people who work at construction sites or in industrial facilities. Construction: Each year, nearly six million construction workers suffer injuries or illnesses, and there are approximately six thousand deaths. Industrial: Accidents at industrial sites lead to …
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What is Conciliation? What Happens During a Conference? How do These Processes Work?
Within 2-3 weeks of filing your claim, your case will be assigned for a conciliation. A conciliation is a meeting between you, your lawyer, a representative of the insurance company, and a Department of Industrial Accidents conciliator. The conciliator will encourage everyone involved to resolve the matter voluntarily. They will try to avoid bringing the …
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What Should I Know About Attending Medical Appointments?
You have the legal right to privacy in attending your appointments. That being said, you are not required to take an insurance company’s nurse case manager with you. Insurance company nurses can help you get access to doctors, medications, and equipment. They are not allowed to attend any appointments without your permission. Sometimes, insurance company …
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Can I Receive Continuous Treatment?
All continuing medical treatment is subject to “Utilization Review.” In other words, the insurance company can hire a private agency to approve or deny any tests, surgery, physical therapy, or other proposed continuous care. If treatment is denied, you may file a claim with the Department of Industrial Accidents. This means that you are looking …
What is Workers’ Compensation?
Workers’ compensation is insurance that is administered by the state. It is required for all employers. Through this insurance, workers who suffer from a work-related injury or illness may receive monetary compensation for their losses. (Compensation may include lost wages, medical care, and out-of-pocket expenses). Massachusetts has a workers’ compensation system implemented to make sure …
What Do You Do If You Get Hurt at Work?
Immediately notify your employer and go receive the medical attention necessary if you get hurt at work. If you know you will be out of work, then bring a doctor’s note to your employer. Upon your 5th day of absence due to injury, you can begin collecting workers’ compensation. Note: these days do not have …
Workplace Violence
Workers’ compensation is the exclusive remedy for emotional and physical injuries resulting from violence at work in Massachusetts. With such violence becoming more common across the country, it is important to understand your rights. At Keches Law Group, PC, our attorneys have over 30 years of experience getting Massachusetts employee’s the money that they are …
Do I Have to See the Doctor the Insurance Company Wants me to?
After you file your claim, the insurer may require that you see a doctor of their choice. They may have you see a doctor of their choice from time to time thereafter as well. The insurer is allowed to send you to their doctor or specialist every 6 months. This doctor will provide the insurance …
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Who and What Does Workers’ Compensation Cover?
All work-related injuries are covered by workers’ compensation. If you are 1) an employee, 2) suffer from an injury during the course and scope of your employment, or 3) unable to work because of that injury, then you should be covered. If you are an independent contractor as opposed to an employee, you are not …
How is my Average Weekly Wage Determined?
Your average weekly wage is determined by adding up the previous year’s salary and dividing by 52 weeks. If you have worked for your employer less than a year but more than a few weeks, you simply add up the total amount that you received during the entire period of your employment and divide by …
How Are My Benefits Determined?
You do not have to miss much work to be eligible for workers’ compensation benefits. If you miss more than 5 days of work (consecutive or not), you are entitled to weekly compensation benefits. If the total period of your disability is less than 21 days, your right to benefits begins after the fifth day …
What Happens if my Workers’ Compensation Claim is Denied?
If your workers’ compensation claim is denied, you can appeal your denial through the Department of Industrial Accidents. If you decide to appeal you still need to communicate the following information: Date of injury The 1st calendar day of work missed The 5th calendar day of work missed The workers’ compensation insurance carrier The body …
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What is a Deposition?
A deposition is a process of giving sworn testimony under oath at a specific place at a certain time. Depositions usually occur when someone is in the discovery phase of a personal injury case. It happens after the filing of a lawsuit but before a trial takes place or a settlement is made. It is …
How Much Does It Cost to Hire a Workers’ Compensation Lawyer?
The workers’ compensation attorneys at Keches Law Group work on a contingency fee basis, which means fees are only due upon winning the case. There is no cost to discuss your case with an attorney. The value of every case varies, so each fee owed in each case is different. Your workers’ compensation lawyer will …
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If You Collect Workers’ Compensation Can You Still Sue?
If you are injured on the job, you are able to retrieve the compensation from your employer through workers’ compensation (of course it depends on the case). Considering all employers have workers’ compensation insurance, you are able to file a regular lawsuit for damages related to a workplace injury or illness. Below are some examples …
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How to File an Anonymous Complaint to Workers’ Compensation?
You (or your authorized representative) can file a complaint against an employer for safety or health violations. These complaints can be submitted to OSHA and can be done online, by phone, fax, mail or in-person. The complaints can be sent anonymously. In the event of revealing your identity, your boss is unable to retaliate against …
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What Are The Statute of Limitations for Work-Related Injuries in Massachusetts?
For injuries that have occurred on or after January 1, 1986, a claim must be filed with the insurer within 4 years of the date in which you became aware of a tie between your injury and/or illness and your employment. However, if the insurer pays for medical treatment or any indemnity benefits (weekly disability …
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Can My Workers’ Compensation Attorney Sign My Form 19?
Yes. When you hire an attorney, you will sign a power of attorney document, which gives them the legal authority to sign Form 19 on your behalf. Sometimes, the workers’ compensation insurer may propose a Section 19 Agreement (also known as Form 19). Often when there is a dispute going on in a workers’ compensation …
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What Can You File For if You’re Injured for More than 5 Days?
If you are unable to work for 5 days due to a work-related injury, you are entitled to indemnity benefits (disability checks). You are not entitled to indemnity benefits for the first 5 days. However, if your disability extends beyond 21 days, then you are entitled to the first 5 days of disability. For example: …
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What Can You File for if You’re Injured for Less Than 5 Days?
Even if you’re disabled for less than 5 full or partial calendar days, you MUST REPORT YOUR INJURY (in writing) and can still file a “medical only” claim. If you suffer a work injury, the workers’ compensation insurer is required to pay for any medical treatment that is reasonable and related to your work injury. …
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What if the Employer’s Workers’ Compensation Insurance Company Contacts Me?
Remember, the insurance company is always looking for ways to deny your claim and not pay you the benefits you are entitled to. Therefore, call an attorney before you speak with the insurance company. Remember, workers’ compensation attorneys work on a contingency fee basis and there is no downside in speaking with one. If you …
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