Workers Compensation: They’ve Got You Covered.

 In Worker Compensation

You know how when you stub your toe, you are in agony for about a minute and then it passes?  What about for those lingering or catastrophic injuries you encounter while on the job?  That type of agony can last a while in more ways than one…

It’s a good thing that your employer has insurance that will cover you under Workers’ Compensation to help ease some of that pain.

Workers’ Compensation is every employee’s best friend.

No one ever wants to be hurt on the job…

However, sometimes things just happen and the unfortunate painful circumstances you find yourself in due to your line of work, are simply unavoidable.

Workers’ Compensation is the perfect solution to this worst case scenario.

The intention of Workers’ Comp is to help you, the employee, when you need it most.  There are some instances where you are unable to work at all after a work related injury. This may leave you to wonder how in the world you will pay for your next month’s living expenses…

Don’t worry, workers comp has you covered.

If you are injured on the job, and unable to report back to work as hoped, you are able to collect Workers’ Compensation benefits.

Not only will Workers’ Compensation pay for lost wages, but it will also cover medical expenses and sometimes pay for rehabilitation services to help get you back to work again.

The base requirements to be eligible for workers comp are simple.

  • You must have been disabled (unable to work) for 5 full or partial calendar days to file for workers compensation.
  • Those 5 full days do not have to be consecutive.
  • You have up to 4 years from the date of injury to file a claim.
    • If you are disabled for less than 5 full or partial calendar days, you are able to file for a “medical only” claim.  This means that the claim will be filed through your employer’s workers compensation insurer, rather than the DIA (Department of Industrial Accidents).  Note that if your claim is denied,  you are able to make an appeal with the DIA.

As simple as these requirements are, the process for receiving your benefits can be a bit trickier…

While we can guarantee that worker’s compensation will have you covered, we can’t make the same promise that your employer will have worker’s compensation insurance.

It is a state mandate that all Massachusetts employers hold worker’s compensation insurance. However, in the instance where you find yourself working for a company that does not follow these state guidelines, you do have other options.

Even if your employer doesn’t have workers’ compensation insurance, you should still be covered!

You are able to file a claim with the Department of Industrial Accidents who will then make an investigation into your employer.

In the meantime, you are able to submit your claim against the Worker’s Compensation Trust Fund.

According to mass.gov, you must be able to provide the following:

  • Your date of injury, illness, or death if a dependent is filing for benefits
  • The 1st calendar day of work you missed
  • The 5th calendar day of work you missed
  • The body parts and types of injuries
  • What type of benefits you are looking for
  • How long you may be out of work, if known
  • Where you first went for treatment
  • Your current treating doctor
  • Along with a Certificate of No Insurance and DIA Form 170 – Affidavit of Employee in Application for Trust Fund Benefits
    • “If you file a claim seeking weekly compensation benefits, you’re required to attach a copy of a doctor’s report or record not more than 6 months old that describes the extent and length of time of your physical or emotional incapacity for work. This report must also relate your incapacity to your claimed industrial injury.”

This process can definitely get a little overwhelming. Please contact us at Lipsey & Clifford: Attorneys at Law today for a free consultation on your particular case.

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