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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  • I was hurt on the job and have to go to many doctor's appointments. Can I be reimbursed for mileage?

    Yes.  If you were hurt on the job and your injury requires medical attention, then the workers’ compensation laws in Massachusetts require the insurer to reimburse the employee for travel to and from doctors’ appointments. It is part of the medical benefits from the workers’ compensation insurance coverage that provides that injured workers be entitled to reimbursement for all out-of-pocket medical expenses, including reimbursement for travel. The reimbursement includes mileage, parking and tolls. The current rate of mileage reimbursement is $0.45 per mile. 

    The insurance companies usually have a form that they want completed that establishes the starting point and ending point of travel. Typically, injured workers will use a website for map or directions (such as Google Maps or MapQuest) to determine the miles between the employee’s home and the doctor he or she is visiting. Also, injured workers should get and keep receipts for parking so they can be reimbursed for such expenses. 

    Have You Been Injured on the Job in Massachusetts?

    If you have been injured in a work related accident in Massachusetts and have questions about your rights, please call us at (508) 879-3500 or contact us online to set up a time to speak with our legal team so we can evaluate your case and answer your questions. This meeting is free and might be the best decision you make.

  • Does my employer have to agree to my Lump Sum Settlement?

    Yes.  An employer must approve a Lump Sum Settlement, with some limited exceptions. If the injured worker and the workers’ compensation insurer reach an agreement to resolve the claim by way of a lump sum settlement, then the proposed settlement will be presented for approval to a judge of the Department of Industrial Accidents at a Lump Sum Conference. Aside from the other required documents to be presented at the Conference, the workers’ compensation insurance company or their attorney will file the Consent of Employer to Lump Sum Settlement, which is a designated form known as Form 116A. 

    Have You Been Hurt in a Work Place Accident in Massachusetts?

    If you have been injured in a work related accident in Massachusetts and have questions about your rights, please call us at (508) 879-3500 or contact us online to set up a time to speak with our legal team so we can evaluate your case and answer your questions. This meeting is free and might be the best decision you make.

  • Is the Surviving Spouse of a Fatally Injured Worker Entitled to Workers' Compensation?

    In Massachusetts, if an employee is injured in a work related accident that results in the employee's death, the surving spouse of a fatally injured worker may be eligible for workers' compensation benefits. The benefits include reimbursement of burial expenses up to $4,000 and weekly death benefits.

    The weekly death benefits are governed by Massachusetts General Laws, Chapter 152 Section 31. Section 31 provides that the surviving spouse may be eligible for weekly workers' compensation benefits equal to two-thirds of the deceased worker's average weekly wage, but no more than the state's average weekly wage (SAWW) set by the Commonwealth of Massachusetts and in effect at the time of the injury or death. The total payments of death benefits to the surviving spouse shall not be more than the SAWW multiplied by 250. 

    If the surviving spouse remarries, all death benefits from workers' compensation shall terminate. 

    Have You Lost a Loved One in a Work Accident in Massachusetts?

    If you have lost a loved one in a work related accident in Massachusetts, there may be workers' compensation benefis available. Please call us at (508) 879-3500 or contact us online to set up a time to speak with our legal team so we can evaluate your case for free. It just might be the best decision you make. 

  • Is there a time limit to file my Workers' Comp action?

    In Massachusetts, the workers' compensation laws set a time limit on when claims for workers' compensation benefits must be filed. Specifically, Massachusetts General Laws, Chapter 152 Section 41 provides that notice of an injury must be given to the insurer or insured as soon as practicable after the injury. Additionally, an employee (or their attorney) must file a claim for compensation due from the work injury within four (4) years from the date the employee first became aware of the causal relationship between his disability and his employment.

    Since the laws in Massachusetts set a deadline for when a workers' compensation claim must be filed, it is always highly recommended that a worker who is injured on the job speak with an experienced Massachusetts workers' compensation attorney after being hurt on the job. A lawyer will protect your rights to benefits and be able to advise you on the workers' compensation process in Massachusetts

    Have you Been Hurt on the Job in Massachusetts?

    If you, or someone you know, has been injured on the job in Massachusetts you most likely have many questions. Feel free to call us at (508) 879-3500 or contact us online. You should take the time to speak with our legal team so we can evaluate your case for free. It just might be the best decision you make. 

  • Are my workers' compensation benefits taxable?

    If an employee is injured on the job and unable to work, he or she is entitled to incapacity or disability benefits from their employer's workers' compensation insurance company.  We are often asked if these workers' compensation disability benefits are taxable.  The answer is "No".  

    Workers' compensation benefits, whether they are temporary total disabilty benefits or temporary partial disability benefits are not taxable at the state or federal level.

    Have you Been Hurt on the Job in Massachusetts?

    If you, or someone you know, has been injured on the job in Massachusetts you most likely have many questions. Feel free to call us at (508) 879-3500 or contact us online. You should take the time to speak with our legal team so we can evaluate your case for free. It just might be the best decision you make. 

  • I was injured on the job and now I'm out of work. Can my employer terminate my employment?

    In Massachusetts, if you are hurt on the job and your injuries are keeping you out of work, your employer is not legally required to hold your job open if you are unable to work, unless a union contract or an employment contract of hire requires it. 

    There is a law in Massachusetts (M.G.L. c. 152, § 75A), however, that requires employers to give preference to the rehiring of injured employees when they are able to return to work, if there is a job open and available for them.  

    Have you Been Hurt on the Job in Massachusetts?

    If you, or someone you know, has been injured on the job in Massachusetts you most likely have many questions. Feel free to call us at (508) 879-3500 or contact us online. You should take the time to speak with our legal team so we can evaluate your case for free. It just might be the best decision you make. 

  • Can I sue my Employer for my work injury?

    This is a great question that we answer quite frequently. The answer is NO.  In Massachusetts, the workers' compensation laws are set up to be the exclusive remedy for work related injuries. The insurance that Employers are required to carry for injured employees is called "no fault" insurance.  This insurance provides injured workers with benefits for medical care and disability benefits (partial wage replacement). This "no fault" insurance also protects the Employers from potentially damaging lawsuits.  So, generally you cannot file a lawsuit against your Employer for your injury. 

    This is one main reason why workers' compensation claims are significantly different from other personal injury case.  Even in the case where the Employer may have been negligent and that negligence caused or contributed to your injury, you are prevented from filing a lawsuit against your Employer. 

    Have you Been Hurt on the Job in Massachusetts?

    If you, or someone you know, has been injured on the job in Massachusetts you most likely have many questions. Feel free to call us at (508) 879-3500 or contact us online. You should take the time to speak with our legal team so we can evaluate your case for free. It just might be the best decision you make. 

     

  • I was seriously hurt on the job. Who’s going to pay my medical bills?

    The laws in Massachusetts, specifically General Laws c. 152 §§ 13 and 30, state that if an employee is hurt while working, he or she is entitled to receive all medical benefits that is reasonable, medically necessary, and causally related to the work injury.  In fact, the laws obligate the workers compensation insurance company to pay these medical benefits.

    For example, if you fall from a ladder while working and break your leg, all treatment, including hospital visits, doctor appointments, surgeries, physical therapy and even medications, are to be paid by the workers compensation insurance company.  

    These medical benefits also cover costs of medications and reimbursement for all out-of-pocket medical expenses, such as, travel to and from doctor visits (mileage, parking, and tolls). 

    Have you Been Hurt on the Job in Massachusetts?

    If you, or someone you know, has been injured on the job in Massachusetts you most likely have many questions. Feel free to call us at (508) 879-3500 or contact us online. You should take the time to speak with our legal team so we can evaluate your case for free. It just might be the best decision you make. 

  • Can I get money for pain and suffering for my work injury?

    The short answer is “No”.  If you are injured on the job the Workers’ Compensation laws in Massachusetts allow for the payment of disability benefits and medical benefits.  The Massachusetts laws do not provide additional benefits for pain and suffering.  So, when you settle a workers’ compensation claim, generally you are receiving a lump sum of future disability benefits up front.  There is no additional payment for pain and suffering. 

    However, if your injury occurred on the job, but was caused by a third party (not your employer) then you can pursue a separate “third-party” claim for damages, including pain and suffering just like any other personal injury type case.  For example, if you work for a landscaping company and, while driving to a job site, are rear ended by another car and injured you can pursue a claim for workers’ compensation benefits (disability and medical benefits) and pursue damages (including pain and suffering) against the negligent third party that rear ended you. 

  • My employer (or their workers comp insurance company) said I have to see their doctor. Can I choose my own doctor?

    Absolutely. If you are involved and injured in a work accident you certainly have the right to get treatment from a doctor you choose.You may have to see a preferred medical provider for your initial treatment visit, however, if your employer requires it. After that, you have the right to see and treat with whomever you choose. Many employers will tell you that you have to go to a certain hospital or doctor. Your employer or their insurance company cannot force you to see a doctor that you do not want to see unless you have a specific agreement with your employer.  A workers’ compensation insurance company can, however, make you go to an independent medical examination performed by their doctor. 

    Have you Been Hurt on the Job in Massachusetts?

    If you, or someone you know, has been injured on the job in Massachusetts, you should seek advice about your legal rights. Feel free to call us at (508) 879-3500 or contact us online. You should take the time to speak with our legal team so we can evaluate your case for free and advise you about your rights. It just might be the best decision you make.