Yes, with limited exceptions. Your employer must consent to a Lump Sum Settlement in Massachusetts workers' compensation cases.
Here's how the process works:
When you (the injured worker) and your employer’s workers' compensation insurance company reach an agreement to settle your claim by way of a lump sum payment, the proposed settlement must be presented to a judge at the Department of Industrial Accidents during a Lump Sum Conference.
As part of this process, the workers' compensation insurance company or their attorney will file a Consent of Employer to Lump Sum Settlement using the designated Form 116A. This form, along with other required documentation, must be submitted for the judge's review and approval.
The judge will only approve the settlement if all parties, including your employer, have provided proper consent and the settlement meets legal requirements.
A work accident isn't something most think about often until it happens to them. This is why injured workers typically have many questions and concerns after being seriously injured on the job. If you were hurt at work, you should have a good understanding of the workers’ compensation process and benefits available in Massachusetts. The experienced workers’ compensation lawyers at Mahaney & Pappas, LLP, are here to help you during this difficult time.