If you have been injured on the job it is important to know details about your rights to workers' compensation benefits. Siskind Law is a Brockton based personal injury law firm with expertise that can help injured workers in Massachusetts recover maximum compensation. Below are the top 10 frequently asked questions from the Massachusetts Department of Labor and Workforce Development about workers' compensation claims. For additional clarification, please contact Siskind Law.
1. After I am injured on the job how long does the insurance company have to start sending me my workers' comp checks?
When you have been unable to earn full wages for five (5) or more full or partial calendar days due to an injury on the job, your employer has seven (7) days, not including Sundays and legal holidays, from the fifth date of loss, to report the injury to its insurance company. The insurance company then has 14 calendar days from receipt of the first report of injury to mail you a check or, if it intends to contest the claim, to send you a form stating its reasons for denying compensation.
2. I don't know the name of my employer's workers' compensation insurance company. What do I do?
Ask your employer. They are required by law to have a Notice To Employees poster displayed somewhere in the workplace, providing you with that information. Also, if you have been injured, and have been unable to earn full wages for five (5) or more full or partial calendar days, your employer must report your injury to their insurance company and to the DIA. They are required to give you a copy of this report, which contains the name and address of the insurer.
You can also find the name of the insurance company by using the “Workers' Compensation Proof of Coverage and Verification Search” web tool which is located on the DIA website.
3. If I am injured on the job and have to go to the hospital for treatment, does my employer have to pay me for the entire day?
The only requirement under state law is that your employer needs to pay you for the hours you actually worked. If your employer does pay you for just the hours you worked, then the day you were injured would be considered the first day of disability. If your employer paid you for the entire day, or shift, then the next day would be considered the first day of disability.
4. The insurance company sent me a notice about having their doctor examine me. If I go, do they have to reimburse me for lost wages?
You are compensated for lost work time only if you are going for a medical evaluation at the insurer's request and the appointment conflicts with your normal, scheduled working hours.
5. My employer's insurance company wants me to be examined by another doctor in addition to my own. Is that routine or standard?
It is a standard operating procedure for your employer's workers' compensation carrier to send you to a doctor of their choosing for an examination.
6. Am I required to have another exam in addition to the one conducted by my own doctor, if the insurance company wants me to have one?
Yes, otherwise your benefits can be terminated.
7. I was hurt at work, and my employer does not have worker's compensation insurance. Can I get workers' compensation benefits? Can I sue my employer?
A Special Trust Fund has been set up to pay workers' comp benefits for those employees who are injured working for companies that do not have workers' compensation insurance.
8. I was injured working out of state, but I was hired originally here in Massachusetts; what state should I file a claim in?
In Massachusetts, it is settled law that either the place of injury or the place of hire will confer jurisdiction.
9. I have a scar and a permanent loss of function due to a work-related injury. Do I get any additional compensation for this?
Yes, under MGL c. 152, §36, you are entitled to a one-time payment for certain scars on the hand, neck or face, and permanent loss of function. Compensation can be recovered between nine months and a (1) year from the date of injury.
10. I was injured on the job, and I'm getting weekly checks. My employer has terminated me; are they allowed to do this?
Unless your union contract, or individual contract of hire, requires it, an employer does not have to hold your job open while you are unable to work due to an industrial accident. But, MGL c. 152, §75 of the workers' compensation law does require employers to give preferential treatment in the rehiring of injured workers when they are ready to return to work.
Be sure to work with an experienced workers' compensation attorney if you believe you are not getting fair compensation. Contact Siskind Law for a free evaluation of your case.
1. After I am injured on the job how long does the insurance company have to start sending me my workers' comp checks?
When you have been unable to earn full wages for five (5) or more full or partial calendar days due to an injury on the job, your employer has seven (7) days, not including Sundays and legal holidays, from the fifth date of loss, to report the injury to its insurance company. The insurance company then has 14 calendar days from receipt of the first report of injury to mail you a check or, if it intends to contest the claim, to send you a form stating its reasons for denying compensation.
2. I don't know the name of my employer's workers' compensation insurance company. What do I do?
Ask your employer. They are required by law to have a Notice To Employees poster displayed somewhere in the workplace, providing you with that information. Also, if you have been injured, and have been unable to earn full wages for five (5) or more full or partial calendar days, your employer must report your injury to their insurance company and to the DIA. They are required to give you a copy of this report, which contains the name and address of the insurer.
You can also find the name of the insurance company by using the “Workers' Compensation Proof of Coverage and Verification Search” web tool which is located on the DIA website.
3. If I am injured on the job and have to go to the hospital for treatment, does my employer have to pay me for the entire day?
The only requirement under state law is that your employer needs to pay you for the hours you actually worked. If your employer does pay you for just the hours you worked, then the day you were injured would be considered the first day of disability. If your employer paid you for the entire day, or shift, then the next day would be considered the first day of disability.
4. The insurance company sent me a notice about having their doctor examine me. If I go, do they have to reimburse me for lost wages?
You are compensated for lost work time only if you are going for a medical evaluation at the insurer's request and the appointment conflicts with your normal, scheduled working hours.
5. My employer's insurance company wants me to be examined by another doctor in addition to my own. Is that routine or standard?
It is a standard operating procedure for your employer's workers' compensation carrier to send you to a doctor of their choosing for an examination.
6. Am I required to have another exam in addition to the one conducted by my own doctor, if the insurance company wants me to have one?
Yes, otherwise your benefits can be terminated.
7. I was hurt at work, and my employer does not have worker's compensation insurance. Can I get workers' compensation benefits? Can I sue my employer?
A Special Trust Fund has been set up to pay workers' comp benefits for those employees who are injured working for companies that do not have workers' compensation insurance.
8. I was injured working out of state, but I was hired originally here in Massachusetts; what state should I file a claim in?
In Massachusetts, it is settled law that either the place of injury or the place of hire will confer jurisdiction.
9. I have a scar and a permanent loss of function due to a work-related injury. Do I get any additional compensation for this?
Yes, under MGL c. 152, §36, you are entitled to a one-time payment for certain scars on the hand, neck or face, and permanent loss of function. Compensation can be recovered between nine months and a (1) year from the date of injury.
10. I was injured on the job, and I'm getting weekly checks. My employer has terminated me; are they allowed to do this?
Unless your union contract, or individual contract of hire, requires it, an employer does not have to hold your job open while you are unable to work due to an industrial accident. But, MGL c. 152, §75 of the workers' compensation law does require employers to give preferential treatment in the rehiring of injured workers when they are ready to return to work.
Be sure to work with an experienced workers' compensation attorney if you believe you are not getting fair compensation. Contact Siskind Law for a free evaluation of your case.