An Experienced Advocate For Injured Massachusetts Workers
Following a jobsite accident, the workers’ compensation process begins quickly. Your employer is required by law to notify the state and its workers’ compensation insurer of the accident. The workers’ compensation insurer will immediately try to take control of your on-the-job accident case. The company contacts you immediately, hoping that you have not spoken to an attorney.
Their goal is to discourage their claimants from securing legal counsel and let their company handle the case. In many cases, a nurse case manager is assigned. The nurse case manager may be not only unhelpful but he or she can hurt your claim for workers’ compensation benefits.
At the Law Offices of James F. White, P.C., our Norfolk County workers’ compensation lawyer helps hardworking Massachusetts residents take control of their worker’s comp claims and get the medical treatment they need.
Get The Facts On Workers’ Compensation
Even if a workers’ compensation insurance provider has already called you, it is not too late for you to take action and seek legal advocacy. Our firm not only provides effective legal representation but also educates injured workers on the do’s and don’ts of workers’ compensation benefits claims. Protecting your rights is vital in getting the treatment you need and the compensation you deserve, whether you are suffering from carpal tunnel or a serious back injury.
Statute Of Limitations For Workers’ Compensation Claims In Massachusetts
The law in Massachusetts provides that:
- Workers have four years to file a claim.
- Spouses/dependents have four years from the date of the worker’s death in which to file a claim.
Dedicated To Your Workers’ Compensation Claim
The insurance provider does not have your best interests in mind. They may tell you that you need their assigned nurse case manager at all doctor appointments. Not true. They may try to deny your claim based on an alleged preexisting condition. An employer may threaten termination, blatantly violating the law.
In the end, workers’ compensation insurance companies want you to get back to work as soon as possible, minimizing or even disregarding your injuries. Attorney James F. White, the founder of our Massachusetts-based firm, understands the relationship between a workers’ compensation insurer and an unrepresented injured worker. He and our legal team will take every action necessary to counter the insurer’s assertions of a recovery or modified job offer.
Massachusetts Workers’ Compensation FAQs
Does my employer have to have workers’ compensation insurance?
In Massachusetts, all employers must carry workers’ compensation insurance, regardless of the number of employees or number of hours worked, save the single exception of domestic employees who must work a minimum of 16 hours a week to be covered. This includes out-of-state employers who have employees working in Massachusetts.
How many days of work do I have to miss to receive workers’ comp?
In Massachusetts, workers’ compensation begins after the fifth day of missed work. In other words, if you are injured on the job, you will start receiving payment through workers’ compensation beginning on the sixth day of missed work and no earlier. The only exception is in the case of a worker who is injured in an industrial accident, causing him or her to miss more than 21 days of work. In such cases, the injured worker is entitled to receive payment for the first five days of missed work.
Will my workers’ compensation benefits be taxed?
No; under both state and federal law, workers’ compensation benefits are not taxable.
How much will I receive?
When calculating workers’ compensation benefits, a few different factors are taken into account, including:
- The employee’s wage record
- Total gross wages
- Overtime pay
This information is used to calculate an average weekly wage. If you have been injured to the point that you are not able to work at all, you are entitled to receive 60% of the average weekly wage up to the maximum amount as outlined by the Department of Industrial Accidents.
If you have been injured but not to the extent that you cannot return to work at all — in other words, partially disabled — the amount you will receive will be calculated by subtracting expected earnings from the calculated average weekly wage and multiplying this amount by 60%. This amount cannot be more than 75% of the total disability rate.
To learn more about how much you can expect to receive, contact our Norfolk County workers’ compensation attorney today for a free consultation.
Will I be able to choose my own doctor?
While your employer may require you to attend an initial visit with a preferred medical provider, any treatment after this may be with a doctor of your choosing. However, it is important to note that you can only switch providers one time.
You also do not need permission to see a doctor of your choice. Workers’ compensation benefits must cover full payment for all medical treatment with any provider you choose at any time you choose, so long as the medical care is necessary and reasonable.
How do I file a workers’ compensation claim?
The first step in filing for workers’ compensation benefits is filing the First Report of Injury with your employer. This notifies your employer that you were injured while on the job or during the scope of your work. You may be required to also file additional medical details related to your injury or illness. Your employer will review your claim and it will either be approved or denied.
What do I do if my workers’ compensation claim is denied?
Sadly, many rightful workers’ compensation claims are denied, as employers and insurers wish to avoid paying out benefits. If your claim was denied, you can appeal the decision. The administrative appeals process can be complex; it’s best to discuss your case and your options with an experienced Norfolk County workers’ compensation lawyer. Contact the Law Offices of James F. White, P.C., for a free consultation today.
Call 508-763-6571 For A Free Initial Consultation
For more information or to schedule an appointment with an experienced workers’ compensation lawyer in Norfolk County regarding a workplace accident that caused injuries, please contact our law firm online or call us at 508-763-6571.