Workers’ compensation in Massachusetts can be complicated, detailed,
and overwhelming. While this article does not cover all the complexities, it
will highlight the general things you need to know about workers’ comp law.
What is Workers’ Comp
Employers are required to provide insurance coverage to all
employees to pay reasonable and necessary medical treatment for job-related
injuries or illnesses. This means if you are hurt while working, you could
qualify to receive payments while you recover and can’t work.
Workers Comp Process
If you’re injured, your employer is required to file a claim
with their insurance company. The insurance company will investigate the claim
and decide whether or not to pay. If your claim is denied or is lower than you
expect, you can file a workers’ comp claim with the Department of Industrial
Accidents (DIA). You could start
receiving payments 3-4 weeks after being injured. But these payments do not
mean that the insurance company has accepted liability. Insurance companies can
pay without prejudice for 180 days without making a final decision on your
claim. If your claim is denied or lowered, you could go into the dispute
process.
Workers Compensation Dispute Process
There are different stages in the workers’ comp dispute
process where each has its own rules and procedural guidelines. They are: 1)
Conciliation; 2) Conference; 3) Hearing; 4) Industrial Accidents Reviewing
Board; 5) Further Appeals. It is strongly advised that you have an experienced
workers’ compensation lawyer if your claim is disputed. This process can be
very complex and your rights and interests are best protected with an
experienced attorney in your corner.
Potential Workers Comp Benefits
There are different types of benefits depending on your
injury and the severity. The different types of benefits are: 1) Temporary
Total Incapacity Benefits; 2) Partial Incapacity Benefits; 3) Permanent and
Total Incapacity Benefits; 4) Medical Benefits; 5) Permanent Loss of Function
and Disfigurement Benefits; 6) Survivors’/Dependents’ Benefits; 7) Burial
Expenses.
Do You Need an Attorney?
We recommend hiring a lawyer as soon as you are hurt to
thoroughly protect your rights and interests. Since the insurance company has a
pay-without-prejudice period, it is important that a lawyer is with you
throughout this period and the insurance company’s investigation. The process
becomes much more complicated if your claim is denied or disputed. At that
point, it is strongly recommended you have a lawyer to help you navigate the
process to maximize your results if you haven’t already done so.
