Everything You Need to Know About Workers’ Compensation

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.