I am collecting workers' compensation and now the insurance company claims they overpaid me. Now what?

We have received many calls from injured workers about overpayments by the workers’ compensation insurance company. In Massachusetts, when a worker is injured on the job, he or she is entitled to workers’ compensation benefits. Disability benefits are very important to an injured worker whose injury prevents them from working. These weekly disability benefit payments replace a portion of the wages the injured worker is losing because of their work injury. In some situations when the injured worker is collecting weekly disability benefits, the insurance company discovers that they have overpaid the worker. What happens when there was an overpayment by the insurance company?

The laws in Massachusetts allow the workers’ compensation insurance company to recoup the amount of the overpayment made to the injured employee. If the injured worker is still receiving weekly disability checks, then the insurance company can recoup the overpayment by reducing future weekly checks by no more than 30% until the overpayment has been repaid.  In the event that no future benefits will be paid or are owed to the injured worker, then the insurance company may commence legal action to get their money back.

If you have been notified of an overpayment by the workers’ compensation insurer, it is best for you to consult with an experienced workers’ compensation attorney in Massachusetts. First off, an experienced lawyer will protect your legal rights. Also, an injury attorney should be able to confirm whether in fact there has been an overpayment, and if there was, whether the amount claimed by the insurer is accurate.

Have You Been Hurt on the Job? Call Today to Speak with our Legal Team.

Mahaney & Pappas, LLP specialize their law practice in helping injured workers in Massachusetts get the workers’ compensation benefits they deserve. If you feel that you are not getting the benefits to which you are entitled, feel free to call us at (508) 879-3500 or contact us online to schedule a free case review. At the complimentary meeting, we will evaluate your work accident, answer your questions and explain the workers’ compensation process.