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Workers’ Compensation FAQs

Answers to Commonly Asked Questions about Workers’ Comp in Norfolk County

Most employers in the state of Massachusetts are required to carry workers’ compensation insurance meant to compensate employees who are injured on the job or during the scope of their work. That being said, if you are injured at work, you might have a lot of questions about your rights to workers’ compensation, as well as how the process works. Here at the Law Offices of James F. White, P.C., we are committed to making sure injured workers stay informed of their rights. Read through our workers’ compensation FAQs to find answers to frequently asked questions about workers’ comp in Norfolk County and the state of Massachusetts.

Don’t see your question here? Need help with a specific case? Contact our Norfolk County workers’ compensation attorney at (508) 449-9166 for a free consultation.

  • Does my employer have to have workers’ compensation insurance?

    In Massachusetts, all employers must carry workers’ compensation insurance, regardless of the amount 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 only for 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, and bonuses, if applicable. 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.

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