Filing a Workers Compensation Claim in Massachusetts

Do you work in a high-risk industry? If so, it is in your benefit to know how to file a claim should an accident occur. While each state has different rules for filing a worker's comp claim, there are some basic steps that you should keep in mind.

1. Double-check to see if you are covered

If you are a sole proprietor or the only person working at an LLC in Massachusetts, then coverage is actually optional for you. Some positions, like longshore workers, may not be covered by worker's comp insurance, but rather, have their own organizations (e.g. Longshore and Harbor Worker's Compensation). You can find out if you have coverage by asking your employer and having them point out the federal “notice to employees” poster

2. Notify your employer and check if you have a qualifying injury

Your employer will need to fill out an accident report and then give you a copy and any other forms that you need to complete. All injuries need to be reported whether they qualify for benefits or not. Injuries that qualify you for benefits have to be work-related. What constitutes a work-related accident can be tricky for some professions. For instance, if you were injured while traveling to work, that may not be covered. Lunch breaks and social events sponsored by businesses also usually aren't covered. Lastly, if you flouting safety rules, that could also exempt you from compensation.

3. Gather Medical Documents and Do Some Research

Along with the copy of your accident report, you should keep a file of any and all relevant medical documents after visiting your doctor. If you need to hire a worker's comp lawyer to help, these documents will be vital evidence. While you gather relevant documents, you'll also need to do a little research to have an idea of what benefits you qualify for. For example, you can check out the benefits calculator at mass.gov to estimate your weekly compensation if your claim is accepted.

4. Follow up with your Doctor, Employer, and Lawyer

To qualify for benefits, you need to follow your doctor's orders to the letter. Make sure you continue to keep all of your appointments and save all medical receipts, notes, etc. Make sure that your employer has filed the accident report and filed any relevant documents on his or her end to the insurance company.

Lastly, if your claim is denied, you have an option to appeal. To make sure your appeal has a better chance of being accepted, you should bring  your denial letter to a worker's compensation attorney. He or she will let you have a free consultation so you can discuss your concerns—dial 844-311-7900 today!

The Basics of Massachusetts Workers' Compensation Laws

If you were recently hurt at work, you may be wondering what steps you should take next. Contacting a Boston lawyer is a good start, since he or she can help you sort through dry legalese. You can also contact the Department of Industrial Accidents (DIA), since they manage Massachusetts's worker's comp system. In the meantime, you can acquaint yourself with a basic overview of worker's comp laws:

Are You Even Covered?

While most employees can receive worker's comp, there are a few people, such as taxi drivers who lease their vesicle, employees who work on commission, and seaman or other employees engaged in foreign commerce, who are usually exempt from worker's comp coverage.

These laws outline all of the benefits you are entitled to and how to receive them. For instance benefits usually include paid-time off from work while you heal, payments for medical bills and treatments, and payment for any job retraining you may need if you can't resume your usual job position.

If you want to claim benefits in Massachusetts, the statute of limitations says that once you realize that your disability was caused by a work-related event, you have four years to file.


How Does an Employee File to Start Getting Worker's Comp Checks?

Every workplace should have a “Notice To Employees” poster on a wall somewhere. On this poster, you will find the necessary information and steps to file your claim. If you cannot find this poster, ask your employer to point it out for you or give you the company's insurance information.

To qualify for worker's comp, keep in mind that your injuries need to have made it so you you've been unable to work for five days or more. Along with filing, you will need to make sure that your employer provides a report to the DIA and the insurance providers and then gives a copy to you.

What Happens if an Employer Isn't Cooperative?

Your employer is not supposed to withhold necessary information that would block your claim. Furthermore, if your employer is actually the cause of your injuries due to negligence, intentional infliction of emotional distress, etc., he or she may be trying to stop you from investigating further. If this is the case, you will want to contact a lawyer who is both experienced in worker's comp and in personal injury cases, since you may need to file a separate lawsuit against your employer.

What if the Worker's Comp Checks Aren't Enough?

If everything goes smoothly and your claim isn't denied, you will start receiving checks. However, if your benefits aren't nearly enough to cover the costs of your injuries, or the checks stop suddenly, then you do have a right to contest this decision.

You will need to fill out the employee claim form titled “Form 110.” This form can easily be found at mass.gov. You should only fill out this form if you plan to contest your case before a judge or if your employer doesn't have adequate insurance coverage.

If you need more help understanding massachusetts workers compensation laws, contact worker's comp lawyers at 844-311-7900 for a confidential evaluation of your case.

How to Find a Work Injury Lawyer After a Work Injury

If you've recently suffered from an injury at work, you may need help paying for doctor appointments and lost wages. If your employer was negligent, you may even want to sue. It is in your best interest to hire a Boston personal injury lawyer to help you get the compensation you deserve. Here are some tips on how to find a work injury lawyer.

Narrow Your Search

While an attorney can practice many areas of law, he or she can specialize in one area during his or her law school. For instance, while many people are familiar with criminal law, there are actually sub-categories like employment and labor law. Lawyers familiar with employment and labor laws can represent unions, businesses, and even individual employees—like yourself. While years of experience is certainly an important factor, it is  important to narrow your search to those who mainly work with workers' comp.


Make Sure You Feel Comfortable

This tip may seem obvious, but you may ignore your own intuition if a lawyer has low fees or was highly recommended. Make sure that you go in for a free consultation to see if you feel like you can trust the lawyer with your needs. Keep in mind that you will have to be completely open about your injury to build your case, so you need someone that you feel like you can talk candidly with.

Get Recommendations

If you have a friend, colleague, or relative that's simpatico, query him or her about any good or bad experiences. After you've narrowed your search by specialization, you may still have a long list of lawyers to choose from, so it may help if you get a recommendation from someone that you already know and trust.

Cross off Lawyers who Aren't Flexible

Like many personal injury claims, workers' comp cases are often paid on contingency. This means that your lawyer will receive a portion of your winnings after settling or going to trial. While you may have other legal fees, your lawyer should always be up-front about these costs. If your lawyer isn't willing to itemize costs, negotiate high bills, or develop a flat fee, it will be too stressful for you to work with them during a time when you should be recovering from your injury.

To help you narrow your search, you should contact Powers and Caccavale for a free case evaluation.