|
 How do
I know whether I am covered by workers'
compensation?
Who pays for workers compensation benefits?
What types of injuries are covered by Worker's
Compensation?
My supervisor says that I can’t get workers’
compensation because it
was my fault that I got
hurt. Is this correct?
What monetary benefits are available if I become
disabled?
What medical coverage will I receive if I am
injured at work?
What are my rights if my injury is caused by the
negligence of
someone other than my
employer or co-worker?
When I suffer a work injury do I have
to treat with the company
doctor?
The employer's doctor
releases me to go back to work but my
doctor
disagrees. What are my
rights?
Is workers' compensation the same as State
Disability?
How
do I know whether I am covered by workers'
compensation?
Generally, there are two main factors that
determine your status: first, whether you are an
employee, and second, whether your injury occurred
as a result of your employment. BACK
TO TOP
Who pays for workers
compensation benefits?
The employer pays the cost of the workers’
compensation benefits for injured employees or
their families. Most employers have insurance that
covers the cost of providing injured employees
with workers' compensation benefits. In
Massachusetts, an injured employee may bring a
personal injury action under Tort Law in the Civil
Courts against an employer who did not have
workers compensation insurance when the employee
was injured. BACK
TO TOP
What types of injuries are
covered by Worker's Compensation?
Any injury that arises out of and in the course of
employment is compensable. If an injury occurs at
work regardless of who is at fault, it will
generally be covered unless the injured person is
guilty of serious and willful misconduct.
Employees who become disabled due to repetitive
activities such as lifting are entitled to
benefits under the law. In addition, cumulative
trauma/repetitive motion injuries such as carpal
tunnel syndrome and tendonitis are covered. BACK
TO TOP
My supervisor says that I
can’t get workers’ compensation because it was
my fault that I got hurt. Is this correct?
No, it doesn’t make any difference whose fault
it was. In most cases, unless you were intoxicated
when you were hurt, hurt yourself on purpose or
while you were horsing around, or were hurt by
someone who was mad at you for personal reasons,
you are entitled to weekly payments and medical
benefits for your injury. BACK
TO TOP
What monetary benefits are
available if I become disabled?
If a worker is totally disabled due to an
industrial injury, then he receives 60% of his
pre-injury wage, which is based on an average of
gross earnings prior to the injury. These benefits
can last for a maximum of three years. If the
worker is partially disabled (unable to do regular
work and/or earn regular pay) then the insurer
must pay 60% of the difference between the
pre-injury wage and the worker's earnings. These
benefits can last for a maximum of five years.
Combined a worker can collect total disability and
partial disability for a maximum of seven years. BACK
TO TOP
What medical coverage will I
receive if I am injured at work?
An injured worker is entitled to full payment for
all medical treatment that is reasonable,
necessary and related to the accident. There are
certain guidelines that may restrict an employee's
treatment however; workers will generally be able
to obtain treatment. If they request, your
employer can have you seen by its doctor as well. BACK
TO TOP
What are my rights if my
injury is caused by the negligence of someone
other than my employer or co-worker?
If you are injured due to the negligence of a
third party, that is someone other than your
employer or a co-worker, then you may have the
right to bring a civil lawsuit against that third
party. Your right to bring a claim against the
third party does not affect your right to receive
worker's compensation benefits. The benefits
available in a third party claim include the right
to collect for lost wages, pain and suffering,
medical costs and spousal rights. BACK
TO TOP
When I suffer a work
injury do I have to treat with the company doctor?
For the first 90 days of medical care, the law
requires you to select from a list of doctors
chosen by your employer. The law says that there
must be at least six doctors for you to choose
from. Your employer cannot (and should not) make
the choice for you. You are free to choose your
own doctor if your employer does not have a list
available. And you are free to select another
doctor on the list if the first choice was
unsatisfactory. The list usually appears on
letterhead from the workers' compensation
insurance carrier. The sheet should explain your
rights and obligations under the law. BACK
TO TOP
The employer's
doctor releases me to go back to work but my
doctor disagrees. What are my rights?
You can choose not to go back to work, but if you
do not return to work the insurance company will
probably file a petition to terminate, suspend or
modify benefits. In this case you will continue to
receive benefits until a hearing is scheduled for
a judge to review your claim. BACK
TO TOP
Is workers' compensation the
same as State Disability?
No. Workers' compensation is only for injuries or
illnesses that occur due to employment. State
Disability is for injuries or illnesses that are
not work related and is handled by the Employment
Development Department.
BACK
TO TOP
|
