Many people injured on the job believe they will automatically receive workers’ compensation. Unfortunately, that’s not always true. The claims process must be approached carefully and may result in a denial. However, remember that just because you were denied benefits doesn’t mean you’re ineligible. Speak with an experienced workers’ compensation attorney to review your options and learn your rights as an injured worker.

Does My Employer Decide My Workers’ Compensation?

The first step you must take following a workplace injury is to notify your employer. Since your employer and their insurance initially rule your workers’ compensation application, they could refuse to move it forward for the following reasons:

Losing your job is never easy, but it can be devastating if you are fired for filing a workers’ compensation claim following a workplace injury. Fortunately, legal protections prevent employers from retaliating against employees who seek benefits under workers’ compensation laws. If this has happened to you, you may have a case.

Is it Legal to Fire an Employee for Filing for Workers’ Compensation?

In Massachusetts, it is illegal for an employer to terminate, demote, or otherwise discriminate against an employee for filing a workers’ compensation claim. Under Massachusetts law, you can file a complaint with the Department of Industrial Accidents (DIA) within two years of the alleged retaliation.

Workers’ compensation protects employers and employees nationwide from financial loss in a workplace accident. However, there are some rules and exceptions that you must consider before making a claim. If you or someone you know has been hurt at work and are seeking workers’ compensation benefits, here’s what you need to know before you file.

What Workers’ Compensation Covers vs. What It Doesn’t

Workers’ compensation, or workman’s compensation, provides a variety of benefits when an employee suffers an injury while in the scope of their employment. Some benefits an employee could receive when faced with a workplace injury or illness include: 

You’ve likely heard about workers’ compensation, but you never expected to find yourself in a situation that warrants benefits. Of course, no one anticipates being hurt at work, but when it happens, you may be entitled to compensation from your employer’s workers’ compensation insurance company. By law, workers’ compensation insurance covers medical expenses, some lost wages, and more, giving you and your family much-needed financial assistance and peace of mind in case of a work injury or illness.

Here’s what to expect after you file a workers’ compensation claim. 

How to File a Claim for Workers’ Compensation Benefits

After suffering an injury on the job, it is your legal right to collect workers’ compensation benefits as you recover. However, the claims process is complicated to navigate alone, and there are many factors that may stand between you and the payments you are entitled to. Educating yourself on what to do during the claims process is crucial to your case.

If you were hurt at work, doing the following is your best chance at approval for workers’ compensation benefits:

Seek medical treatment.

While we have come a long way with workplace safety, accidents still happen at work. Most employers prioritize the health and safety of their employees and want to protect their well-being and ensure that business operations run smoothly. However, not all do, and some take shortcuts to save money. 

Regardless of the precautions taken, employees have rights when an accident happens at work. Under Massachusetts law, employers are required to purchase workers’ compensation insurance to help employees recover and return to work after suffering an injury or illness while on the job.

Workers’ compensation has been a long-standing key element in workplace culture and safety. In exchange for giving up their right to sue their employers, injured workers are given certain protections while they are out of work due to a workplace injury, including reimbursement of lost wages and coverage of medical benefits. You may be entitled to these workers’ compensation benefits if you have suffered an injury in a workplace accident. To ensure you receive the help you need, consult with the dedicated workers’ compensation attorneys at Jeffrey Glassman Injury Lawyers for free. 

The police had been called to the site to investigate a fall.

A worker died Oct. 6 at a construction site on Sumner Street in East Boston near Maverick Square, where a multi-story residential structure is being built.

Boston Police Department detectives and Occupational Safety and Health Administration investigators are looking into the cause of the accident.

You probably won’t be surprised to hear that work injuries have been on the work truckdecline. The frequency of workers’ compensation claims has been decreasing over the past decade. Advances in technology, such as robotics and automation, have made workplaces safer.

However, one category of work injury—vehicle accidents—has been on the rise since 2011, according to a National Council on Compensation Insurance report.

You might be wondering what happened in 2011 that sparked such a trend.

When a Connecticut construction worker suffers serious injuries on a jobsite in Massachusetts, which state’s law applies to any ensuing litigation?

The Massachusetts Appeals Court recently considered this issue.scaffold

The case focuses on workers’ compensation insurance. On July 6, 2020, a three-judge appeals court panel held had the construction worker filed a negligence suit in Massachusetts Superior Court against out-of-state contractors he blamed for his work injury, the worker would be able to sue under Massachusetts’ three-year statute of limitations, even though he lives in Connecticut.

The panel called the issue “straightforward.”

One lesson that can be learned from the court’s ruling is that lawsuits—especially ones that involve out-of-state parties and incidents—can be complicated. A skilled construction site injury attorney can analyze the specific facts of your case and advise as to where the case should be brought to achieve the best possible outcome. Continue reading

The novel coronavirus has wreaked havoc, especially when it comes to the workplace.Boston workers' compensation

Businesses classified as nonessential have been forced to close their doors, while those considered essential have continued operation but under a new set of rules.

Along with other states, Massachusetts has established safety standards that workplaces must follow as they open to reduce the transmission of the virus among workers and customers. The safety standards include things like social distancing, hygiene, and cleaning and disinfecting.

Stricter rules apply to certain industries such as construction, manufacturing, hair salons, barbershops, pet grooming, and offices.

Regardless of social distancing, regular disinfecting, and other safety precautions, workers are at risk of contracting COVID-19 when they work. Essential workers, such as healthcare workers, grocery workers, and mass transit workers, have been at risk for months. Continue reading

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