Workers’ Compensation in Massachusetts – A Summary

Massachusetts Workers’ compensation is a system designed to protect employees who suffer work-related injuries or illnesses. Workers Comp is essentially an insurance policy that almost all employers are required to carry. If an employee sustains an injury on the job, the policy kicks in. The two main benefits it provides are:

1. Weekly disability payments

2. Payment for work related medical treatment

In Massachusetts, the workers’ compensation system is governed by state law, specifically under Chapter 152 of the Massachusetts General Laws. The law requires most employers to carry insurance to cover employees in the event of an injury on the job, and it provides a clear framework for both employees and employers to follow when such incidents occur.

Who is Covered?

In Massachusetts, almost all employees are covered by workers’ compensation. This includes full-time, part-time, and seasonal workers. However, some exceptions exist, such as certain domestic workers, independent contractors, and employees of small businesses with fewer than three employees. It is important to distinguish between an employee and an independent contractor, as the latter is generally not eligible for workers’ compensation benefits.

The Massachusetts Department of Industrial Accidents (DIA) oversees the state’s workers’ compensation system. This is essentially, the “workers comp court system.” Disputes arising in the course of the workers’ compensation process are handled at this agency. DIA offices are located in Boston, Lawrence, Fall River, Worcester, and Springfield.
What Types of Benefits Does Workers Compensation Provide?

The workers’ compensation system in Massachusetts is designed to cover various costs and losses that an injured worker might face, including:

1. Medical Bills: Workers’ compensation covers all necessary and reasonable medical treatment related to the injury.

2. Lost Wages: When an injury prevents an employee from working, workers’ compensation provides wage replacement benefits. In other words, the injured workers gets paid weekly checks depending on the extent of his or her injury. These benefits are typically a percentage of the worker’s average weekly wage. There are different types of wage replacement benefits:

• Section 34 Temporary Total Disability Benefits (TTD): For workers who are temporarily unable to return to work.

• Section 35 Temporary Partial Disability Benefits (TPD): For workers who can return to work but with limitations that reduce their earning capacity.

• Section 34A Permanent and Total Disability Benefits (P&T): For workers who are permanently unable to return to any kind of work.

3. Section 36 Permanent Impairment: If a worker suffers a permanent injury or impairment, they may be entitled to additional compensation based on the severity and permanence of the injury.

4. Vocational Rehabilitation: Workers who are unable to return to their previous job may be eligible for vocational rehabilitation, which includes training for a different type of work or assistance with job placement.

5. Death Benefits: In the unfortunate event of a worker’s death due to a work-related injury or illness, the worker’s dependents (such as a spouse or children) may receive compensation in the form of death benefits. These benefits cover a portion of the deceased worker’s wages and funeral expenses.

Filing a Claim

When a worker is injured on the job, the process of obtaining workers’ compensation benefits typically begins by notifying the employer as soon as possible. The employer then has a legal obligation to report the injury to their workers’ compensation insurer. Upon receiving notice of the injury, at that point, the workers’ compensation insurer then has the obligation to notify the injured worker of their intent to either commence payment or deny the claim. If payments are commenced, they are essentially doing what they are supposed to be doing. If they issue a denial, however, it is then necessary for the injured worker to file a claim at the DIA.

Employer Responsibilities

Employers in Massachusetts must carry workers’ compensation insurance for all employees, regardless of the size of the company. This coverage should begin on an employee’s first day of work. Employers are also required to inform employees about their rights under workers’ compensation law, typically by posting notices in the workplace.
It is important to note, however, that while this seems simple in theory, in reality, employers often make it very difficult for the injured employee following the injury. Therefore, it is important to seek an experienced Massachusetts workers comp attorney as soon as possible. The sooner the better! An attorney can help ensure that these crucial first steps are adhered to during this critical part of the case.

Employers who fail to carry workers’ compensation insurance face significant penalties, including fines and potential legal action. In some cases, company officers can be held personally liable for injuries sustained by employees if no insurance is in place.

Dispute Resolution

If there is a dispute regarding a workers’ compensation claim—whether over the extent of the injury, the amount of benefits, or the insurance company’s decision to deny the claim, Massachusetts offers a structured dispute resolution process through the DIA. This process includes:

• Conciliation: A meeting between the parties to try to reach an agreement.

• Conference: If conciliation fails, a more formal hearing before an administrative judge is scheduled.

• Hearing: A trial if the dispute persists beyond Conference.

Conclusion

Workers’ compensation in Massachusetts serves as a vital safety net for employees who are injured on the job. It ensures that workers receive the necessary medical treatment and financial support while recovering, without having to engage in lengthy or costly legal battles.

However, this process is far from perfect. More often than not, Employers and Insurer’s take steps following a workplace injury to protect their own rights and interests, at the expense of the injured worker. It is essential to speak with an experience Massachusetts workers’ comp lawyer as soon as possible following the injury. An attorney can help ensure that your rights are looked after and protected.

If you have been injured at work, it is important that you call us as soon as possible at (978) 531-7401, or email us.

It is our goal to provide you with the best possible representation for your Workers’ Compensation case. We look forward to hearing from you.