Frequent Questions on Workers’ Compensation, Motor Vehicle Accidents, Construction Accidents, and More
We have answered a lot of questions over the years, and want all injury victims to have the benefit of our experience. Browse our FAQ page to find answers on construction accidents, car crashes, work accidents, and wrongful death.
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How Do I Calculate My Weekly Total Disability Benefits From Workers’ Compensation?
If you were injured on the job in Massachusetts, you may be entitled to workers’ compensation benefits. If your work-related injury causes you to be unable to work, you are entitled to disability benefits. The disability benefits for workers who are unable to work in any capacity are known as Temporary Total Disability (or Incapacity) Benefits. These benefits are governed by Massachusetts General Laws, Chapter 152, Section 34 and are paid weekly to qualifying injured workers.
Here’s How to Calculate Your Total Disability
To calculate your weekly Temporary Total Disability Benefits you first need to know your average weekly wage. For information on what your average weekly wage is and how to calculate it, please see: Calculating the Average Weekly Wage; Why is it so Important in a Massachusetts Workers' Compensation Claim?
Your Total Disability Benefit rate is sixty (60%) of your average weekly wage. So, once you have determined your average weekly wage, you would multiply it by 60%.
For Example: If a worker had an average weekly wage of $750.00, their Temporary Total Disability Benefits would be $450.00 per week ($750 X 60%).
If you have been injured on the job in Massachusetts and are unable to work and you are either not getting workers’ compensation benefits or feel that you may not be getting the correct amount of disability benefits, you should speak with a workers’ compensation attorney. An experienced workers’ compensation lawyer will be able to evaluate your claim and make sure that you are getting the benefits you deserve for your injuries.
How Will I Receive My Lump Sum Settlement From My Massachusetts Workers' Compensation Case?
This is a question we are asked often. When a Massachusetts workers’ compensation claim is settled by way of a lump sum settlement and approved by the Department of Industrial Accidents (DIA), the insurance company will mail a check directly to the injured worker. The settlement check will represent the net proceeds from the settlement as the insurance company will also mail a check to the injured worker’s attorney for the legal fees and expenses, if any. The insurance company is required by the laws in Massachusetts to mail the lump sum settlement check to the injured worker within a specific time period, or they will be penalized.
Sometimes, there is confusion of whether the settlement check will be mailed to the injured worker’s attorney first. The misunderstanding most likely comes from the difference between a settlement of a personal injury claim (e.g., car accident case, slip and fall, etc…) and a workers’ compensation claim in Massachusetts.
With a settlement of a personal injury claim in Massachusetts, typically the insurance company will issue the settlement check to the injured person’s attorney. The personal injury lawyer will then deposit the settlement check in their client trust account (IOLTA). From there, the attorney will pay any expenses or liens associated with the personal injury claim and then issue the net proceeds of the settlement check to the injured person.
But, with a settlement of a workers’ compensation claim, the insurance company will mail the settlement directly to the injured employee.
Does My Massachusetts Employer Have Workers’ Comp Insurance?
Under the Massachusetts Workers’ Compensation Act (M.G.L. c. 152) employers are required to purchase and carry workers’ compensation insurance. This insurance policy covers employees who are injured on the job. The insurance coverage offers benefits to injured workers that will cover:
- A portion of lost wages if the employee’s work-related accident precludes them from working and earning wages. These are disability benefits;
- The cost of reasonable and medically necessary treatment of a work-related injury. These benefits are known as medical benefits;
- Travel to and from doctor’s appointments for treatment of your work injury or injuries;
- Loss of function caused by an injury suffered on the job; and,
- Scarring and disfigurement that results from an accident at work.
How Do I Verify My Employer Has Workers’ Compensation Insurance?
An injured worker can always contact the Massachusetts Department of Industrial Accidents to check if their employer has an active workers’ compensation insurance policy. The DIA’s website also has a search engine that allows workers to verify workers’ compensation insurance coverage for employers operating in Massachusetts. However, the search engine results are not always up to date, so we always recommend contacting the DIA or a Massachusetts workers’ compensation attorney to confirm that your employer has the proper insurance.
What If Your Employer Does Not Have Workers’ Compensation Insurance?
Although the laws in Massachusetts require employers to carry workers’ compensation insurance, some do not always have the proper insurance. If your employer did not have workers’ compensation insurance at the time of your work accident, there is the Massachusetts Workers' Compensation Trust Fund that would stand in the place of the workers’ compensation insurance. This Trust Fund was created by a specific statute in Massachusetts (M.G.L. c. 152 § 65) and is available for employees who were hurt on the job and whose employer did not have insurance at the time of the accident. The Trust Fund offers the same benefits available to an injured worker.
What is an Impartial Medical Exam for Workers’ Compensation Claims?
In Massachusetts, when a worker is injured on the job, as part of their workers’ compensation claim, an injured worker may be required to attend an impartial medical exam. An impartial medical exam is different than an independent medical exam, which is an examination arranged by the workers’ compensation insurance company. The impartial medical exam is an examination required at a certain stage of a workers’ compensation claim by the Massachusetts Workers’ Compensation Act. When required, the examination is arranged and scheduled by the Department of Industrial Accidents (the “DIA”).
When either an injured worker or the insurance company disagrees with a Conference Order rendered by an Administrative Judge on a claim, they have the right to appeal. When a party appeals a Conference Order the claim will proceed to the next step in a workers’ compensation claim called the Hearing. Before the Hearing, however, the injured worker will be required to attend an impartial medical examination.
Massachusetts General Laws, Chapter 152 §11(A) is the specific law that governs the impartial medical examination. The DIA has a list of impartial medical examiners who have no relationship with either party. The impartial physician will be provided with the medical records and documents that are submitted by the parties at the Conference and then will physically examine the injured worker.
Following the impartial doctor’s examination, the doctor will prepare an impartial medical report which will be filed with the DIA and provided to each party. The impartial doctor’s report will be introduced into evidence at the Hearing and shall constitute prima facie evidence of the matters contained within the report. There are certain ways to challenge the impartial examination report, but this can present complicated legal arguments that are best suited for an experienced Massachusetts workers’ compensation attorney.
Speak With An Experienced Massachusetts Workers’ Compensation Attorney Today
If you have been injured on the job and have been ordered to attend an impartial medical examination, you may have many questions. If you are not sure what your rights are or what to do, you should speak with an experienced workers’ compensation attorney.
Attorney Charles S. Pappas of the Framingham law office of Mahaney & Pappas, LLP has extensive experience in Massachusetts workers’ compensation claims. Attorney Pappas specializes in helping injured workers get the benefits they deserve after being seriously injured on the job and will fight to protect your rights.
Feel free to call us today at (508) 879-3500 or contact us online to schedule a free, no-obligation initial meeting and case evaluation.
How Long Will it Take to Receive My Lump Sum Settlement Check?
In Massachusetts, if an injured worker settles his or her workers’ compensation claim by way of a lump sum settlement, they usually want to know how long it will take to receive their check. Generally, the injured worker should receive their lump sum settlement within fourteen (14) days of the workers’ compensation insurance company’s receipt of the approved lump sum agreement.
This general rule comes from Section 8 of the Massachusetts Workers’ Compensation Act (M.G.L. c. 152), which states in part: “Any failure of an insurer to make all payments due an employee under the terms of an…approved lump sum agreement… within fourteen days of the insurer’s receipt of such document, shall result in a penalty…” This means that the workers’ compensation insurer must issue the lump sum settlement check to the injured worker within 14 days from when they receive the approved lump sum agreement, or they will incur a penalty.
Do You Have Questions After Being Injured On The Job in Massachusetts?
Attorney Charles S. Pappas of the Framingham personal injury law firm of Mahaney & Pappas, LLP has helped injured workers across Massachusetts get the workers’ compensation benefits they deserve. Attorney Pappas’ experience and knowledge of the law provides injured employees with an advantage in workers’ compensation cases.
If you are hurt on the job and are not sure what to do or have questions about your situation, feel free to call us at (508) 879-3500 or contact us online to get the answers you need.
I Was Hurt on the Job and I’m out of Work. How do I pay a Workers’ Comp Lawyer?
This is a question that we hear often. Unfortunately, it is usually asked well after the worker is hurt on the job and has been out of work for a while. Some workers don’t even bother contacting a lawyer after being hurt on the job. This is because they are losing wages from being out of work and barely have enough money to pay their bills, never mind hire a lawyer. But, the Workers’ Compensation Act in Massachusetts makes it easier for injured workers to retain a workers’ compensation attorney. Let’s see why.
In Massachusetts, the Workers’ Compensation Act controls how and how much lawyers are paid for representing injured workers in a work-related accident. These lawyers are hired on a contingent fee basis. The contingent fee agreement provides that the lawyer’s legal fee is contingent upon being successful in the workers’ compensation claim. In other words, the lawyer earns an attorney’s fee if they get the injured worker the benefits they deserve or are able to negotiate a lump sum settlement for their client. The fee, however, is not directly paid by the injured worker.
How much and who pays the attorney fees depends on what stage of the workers’ compensation process the claim reaches. The laws in Massachusetts set a predetermined fee for each level of the workers’ compensation claim. For instance, if the injured worker is successful at his or her Conference, the judge will order the insurance company to pay the worker’s attorney a set fee. In another situation, the employee indirectly pays his or her attorney. For example, if an employee’s attorney is able to negotiate and obtain an agreement for a lump sum settlement, then the lawyer legal fee will be a percentage of the lump sum amount. The percentage is set by the Workers’ Compensation Act. The insurance company would then send a check to the injured worker and a check to the worker’s attorney for their respective amounts. See How an Injured Worker Pays for a Workers’ Compensation Attorney for a more detailed explanation.
Need More Information on Massachusetts Workers’ Compensation Claims
Attorney Charles S. Pappas at Mahaney & Pappas, LLP specializes in helping injured workers get the benefits they deserve after being seriously injured at work. He understands that if you have been hurt on the job and are unable to work and earn money you probably have a lot of questions and concerns.
If you have questions about what to do or what you deserve after being hurt at work, feel free to call Attorney Pappas at (508) 879-3500 or contact him online. He offers free, no-obligation meetings and case evaluations where he will let you know what your legal rights and options are.
I Collected Workers’ Comp Benefits, Returned to Work, But Had to Go Back Out Due to the Same Injury. Will I Continue to Receive Benefits?
In many Massachusetts workers’ compensation cases an injured worker may be out of work due to his or her injury, collected workers’ compensation benefits, but returned to work at some point only to go back out due to the same injury. What happens then? Well, the answer depends.
Liability Accepted or Established
In one scenario, where liability is either accepted by the workers’ compensation insurer or found and ordered by a judge, if the injured worker returned to work for less than 28 calendar days, and then must leave work again due to the same injury, the workers' compensation insurance company must resume payment of workers’ compensation benefits to the injured worker. The injured worker (or his or her workers’ compensation attorney) must report that he or she had to leave work because of the work injury in writing within 21 calendar days of going back out of work. The workers’ compensation insurance company must then resume making payments of benefits within two weeks of receiving the written notice of renewed disability.
Liability Not Accepted or Established
In the other situation, where a worker was hurt on the job, received voluntary payments of workers’ compensation benefits, goes back to work only to leave work again due to the same injury the result is a bit different. If the insurer hasn’t accepted liability or liability has not been found and ordered by a judge, there is no legal requirement for the workers’ compensation insurer to resume any voluntary payments of benefits. The insurance company can voluntarily pay benefits to the injured worker or may refuse to resume payments. If the insurance company refuses to resume voluntary payments of benefits, the injured worker can file an Employee Claim for Benefits with the Massachusetts Department of Industrial Accidents. This is how an injured worker would take legal action to compel the insurance company to make payments of benefits.
Speak with an Experienced Massachusetts Workers’ Compensation Attorney
Mahaney & Pappas, LLP specialize in helping injured workers in Massachusetts get the workers’ compensation benefits they deserve. If you are not getting the benefits you deserve, 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.
I was hurt on the job and had to attend an IME. Can I get a copy of my report?
In a lot of cases where an employee is injured on the job in Massachusetts and is treating for his or her injuries or receiving workers' compensation disability benefits they may need to submit to an independent medical exam (IME). An IME is a medical examination set up by the workers’ compensation insurance company.
Massachusetts General Laws, Chapter 152 § 45 governs IMEs, which states in part: “After an employee has received an injury, and from time to time thereafter during the continuance of his disability he shall, if requested by the insurer or insured, submit to an examination by a registered physician, furnished and paid for by the insurer or the insured.” Because this statute provides the legal right to the insurance company to have an injured worker examined by one of the insurance company’s doctors, the injured worker must attend the examination or any disability benefits may be suspended and possibly forfeited.
Now to answer the question of whether an injured worker can get a copy of his or her IME report. Yes, in Massachusetts an injured employee who submits to an IME has the right to obtain a copy of the IME report. There are workers’ compensation laws in Massachusetts that require the workers’ compensation insurance company to provide a copy of the IME report to the injured worker or his or her attorney.
Injured on the Job? Call Today to Speak with our Legal Team
Mahaney & Pappas, LLP specialize 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.
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.
Do I Need to Attend the Office of Education and Vocational Rehabilitation Meeting?
Yes. The Office of Education and Vocational Rehabilitation (OEVR) is a division of the Department of Industrial Accidents for Massachusetts workers’ compensation cases. The OEVR provides assistance to eligible injured workers to help them return to appropriate gainful employment.
When an injured employee in Massachusetts receives a letter from OEVR with a date and time to meet with someone at the OEVR, the employee must attend. The laws in Massachusetts provide for certain penalties for employees who fail or refuse to attend the meeting or cooperate in the process. For example, an injured worker who fails to attend the mandatory meeting is not entitled to receive workers’ compensation benefits during the time they refuse to cooperate. Also, an employee that has been found suitable for educational or vocational rehabilitation services and thereafter refuses to cooperate will suffer a reduction in their weekly disability compensation checks.
So, if you receive a letter from OEVR informing you that you need to attend a meeting, you should do so or consult with an experienced Massachusetts workers’ compensation attorney.
Do You Have Questions About A Work Injury?
If you, or someone you know, has been injured on the job in Massachusetts and you are not sure the employer had workers’ compensation insurance, feel free to call us at (508) 879-3500 or contact us online. Our legal team will answer your questions and evaluate your case for free.