Massachusetts Workers’ Compensation Articles

Old Injuries May Provide a Basis for New Massachusetts Workers’ Compensation Claims
In most Massachusetts workers’ compensation claims, injured workers resume work when released by their doctors to do so. Often injuries sporadically reoccur but do not rise to level that cause or force one to stop work.

Massachusetts Workers’ Comp FAQs
Answers to frequently asked questions about Massachusetts Workers’ Compensation Act.

Selecting a Massachusetts Workers’ Compensation Lawyer
Key factors in selecting a Massachusetts Workers’ Compensation lawyer, including how to decide who will best protect your interests after being hurt on the job. Does the lawyer represent employees or insurance companies? What is the lawyer’s track record and past performance?

Compensation System
Background and general information on the Massachusetts Workers’ Compensation system, which provides benefits to workers injured while performing his employer’s work, on or off the premises, regardless of who is at fault.

Workers’ Comp – General Benefits
Massachusetts Workers’ Compensation Act provides 2 types of benefits to people injured on the job – weekly disability checks and payment of medical expenses associated with the care and treatment of work-related injuries.

Workers’ Comp – Health Benefits
Overview of benefits for the payment of medical expenses incurred to treat a work related injury or condition. Workers’ Compensation supplements health insurance as it becomes the primary source of payment for treatment of the work related injury or condition.

Injuries After an Incident
Workers’ compensation for injuries which may occur as an injured employee seeks to have injuries treated. Such instances include when an injured worker is injured while traveling to a medical appointment for treatment of a work related injury, or if a worker is injured during medical treatment for a work related injury.

Out of State Workers’ Compensation Coverage
Overview on Workers’ Compensation options for people injured outside of the state in which he/she was hired with respect to the system of workers’ compensation from which he/she may seek benefits. There are distinctions within each state that must be considered in deciding which jurisdiction to make a claim.

Notice of Workers’ Compensation Claim
Recommendations on when to report injuries to the employer. Many companies have policies for reporting on the job injuries. However, it is recommended to report all injuries, no matter how minor, on the day they occur.

Insurer Dilemma
In a workers’ compensation case, this explains what happens if an injured worker’s claim has been denied by the insurance company, or if the insurance company requested to reduce or entirely stop paying weekly benefits.

Massachusetts Military Outside Contractors Workers’ Compensation
Overview of the dynamics of Outside Military Contractors and the rules governing workers’ compensation. The laws of most states provide that a person who is hired to perform work for another is an employee who is entitled to workers’ compensation, regardless of where the injury occurs.

Reviewing Board Allows Video Conferencing Testimony in Workers’ Compensation Case
This explains a recent decision by the Reviewing Board to allow video testimony, allowing employees to pursue a claim or defend an insurer’s attempt to reduce or terminate workers’ compensation benefits without having to undergo the expense of long distance travel.

Electrocution, and Electricity-Based Injuries in Massachusetts
There is not a workplace in Massachusetts where the dangers of electricity do not pose a risk of serious injury and death. If someone is injured by an electrocution, it’s important to speak with a Massachusetts Workers’ Compensation Lawyer to ensure that all options of recovery are considered.

Litigation of Claims
Overview of the litigation process if an insurer denies an injured worker’s claim. It’s important that an injured worker be informed how long his/her workers’ compensation case will take.

Utilization Review
Discussion of the Requirements and roles of utilization review. Specifically the steps required to ensure that proposed treatment is necessary and in accordance with workers’ compensation insurance paying the benefits.

Deceased Employee Compensation
Compensation to family members of deceased employee. Analysis of the survivorship benefits of statutory dependents, as well as the amount of compensation a surviving spouse is entitled to receive.

Recoupment and Overpayment
Insurance companies’ rights to recoupment and investigation on their ability to recover alleged overpayment of workers compensation benefits. Common incidence of overpayment and defenses to recoupment explored.

Liens on Workers’ Compensation Claims
There are various methods of payment for medical expenses if a worker’s compensation carrier refuses to voluntarily pay a claim. Either Private Insurance or Public Assistance may be a source of payment for these expenses. Injured workers who turn to these sources must recognize that payments often result in a lien against their worker’s compensation claim.

Why being injured on the Job is not necessarily enough to collect Workers’ Compensation
Relevant injuries that are recoverable include prior injuries that are aggravated by an accident at work. Discussion on the aggravation of a pre-existing condition from work related injuries as well as the aggravation of a pre-existing condition, which arose from a non-work related condition or injury.

Family Members may be Entitled to be Paid for Care Provided to an Injured Employee
Insurers must pay for all medical care which is reasonable and necessary to treat a work related injury. Compensation is required for family members providing care to an injured employee. Identifying the necessary steps towards receiving that compensation is crucial.

Wages from a Second Job may be Included in Weekly Benefit Payments
All wages from all covered employment held by an injured worker must be included in the calculation of that injured worker’s average weekly wage. How to identify the alculation of the average weekly wage is essential to maximizing the injured employee’s compensation payments.

Calculation of Weekly Benefits
Analysis of injured employee’s average weekly wage (AWW) and factors contributing towards the development of the AWW; as well as discussion of the amount of compensation due to an employee who is totally disabled.

Vocational Rehabilitation
The Rehabilitation Plan and Retraining Program requirements and guidelines. The program must lead to employment with comparable wages. If these requirements cannot be met, then retraining is not likely to be an option.

Lump Sum Settlements in Workers’ Compensation Cases
Limitation placed on Judges in Massachusetts. Factors that influence potential settlement include: How much is a case worth? How long does it take? What are my rights if I settle, or if I do not? What happens after I settle?

Injuries to Minors
There are many statutory and regulatory provisions of state and federal law which may provide protections. The consequences of violating these statutes and regulations designed to protect teenaged employees and the doubling of the workers’ compensation benefits.

Compensation Payable to Survivors of Deceased Employees
Analysis of the survivorship benefits to the statutory dependents of the deceased employee. Such dependents include a surviving spouse, dependent children of a deceased employee, and in certain instances survivorship benefits to parents of the deceased worker.

How to Approach Medical Care
Massachusetts allows the injured worker to choose who will provide the care needed to restore their good health after an injury on the job. Knowledge of the correct medical assistance is essential to the success of your workers compensation claim.

Workers’ Compensation Legal Fees
Legal fees in workers compensation cases are governed by the Workers’ Compensation Act, and are the only fees that a lawyer can charge an injured employee.

OSHA & Workers’ Compensation
Occupational Safety and Health Administration plays a crucial role in the safety of employees within the workforce. Its roles include investigating serious industrial accidents and imposing fines upon an unsafe work place.

Scaffolds and the Dangers they Present
The scaffold is often the site of numerous avoidable work place injuries. Construction site safety is the non-delegable duty of a general contractor that is often not properly satisfied.

The Costs of Under Funding OSHA
Identification of a number of factors which have contributed to work place injuries and deaths; the result of under funding is the failure of the Federal Government to devote resources to promote the safety of American workers.

What Your Doctor Needs to Know
Proof of the causal relationship between an accident and disability requires, in most cases, an opinion from a doctor. An understanding of the relevant topics that should be disclosed and discussed with a doctor once an injury is obtained.

Inadequate Fall Protection
Workers must be provided with a system which prevents a fall at all times. Many times this requirement is not upheld and injuries are sustained.

Other Workers’ Compensation Resources

Massachusetts Workers’ Compensation Act

Massachusetts Department of Industrial Accidents

Injured Worker’s Guide (Publication of Mass. Department of Labor)

The Workers’ Compensation Rating and Inspection Bureau

Parker Scheer Workers’ Compensation case reports