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.
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