How Does Workers’ Comp Work?
The Massachusetts Workers’ Compensation Act governs how workers’ compensation works in the state. Under this law, there are specific steps you must take when you are injured at work or learn that you have contracted an occupational disease.
Report Your Injury
As soon as possible after you are injured on the job or learn that your medical condition was caused by your work, you must report your injury or illness to your employer. Make sure to report what happened to your supervisor and ensure that he or she completes an incident report.
Once you have notified your employer of your injury or illness, your employer must file a notice with the company’s workers’ compensation insurance carrier. The insurance company will then have to send a notice to you that it has accepted or denied your claim within 14 to 30 days.
Denials or When Your Employer Fails to Report Your Injury
If your employer failed to notify its insurance carrier about your injury, or you receive a notice of denial from the insurance company, you can then file a claim with the Massachusetts Department of Industrial Accidents. This involves multiple procedural steps that might necessitate the help of an experienced workers’ compensation attorney.
Importance of Seeking Medical Treatment
If you are injured while working, you should immediately seek medical attention. You should not go back to work and act as if nothing happened. Getting prompt medical care can help ensure that your injuries are properly diagnosed and treated and aid in your recovery process. It can also help to show that your injuries happened because of your workplace accident and not an intervening incident. Seeking immediate medical attention will greatly increase the chance that your workers’ compensation claim will be approved. You can use your medical records as evidence in your workers’ compensation case.
What Happens If Your Claim Is Denied?
How does workers’ comp work if your claim is denied? You can file a claim with the Massachusetts Department of Industrial Accidents. There are several procedural steps that must take place. Your case will first be set for conciliation, which is an informal process designed to facilitate an agreement. If an agreement is not reached through conciliation, a conference will be scheduled with the court. If you are still not able to resolve your claim at the conference, a hearing will be scheduled.
The workers’ compensation hearing will be held before an administrative body and will require you and the insurance company to follow the rules of evidence. It is important for you to be represented by an attorney to ensure that you meet the procedural requirements and comply with the evidentiary rules at this hearing. The administrative law judge (ALJ) who presided over your conference will likely also be the same one who presides over your hearing. Following the conclusion of the hearing, the ALJ will make a final determination. You will receive a notice in the mail of the judge’s determination. You can file an appeal of the administrative law judge’s decision with the Reviewing Board within 30 days of the date you receive the decision in the mail. The Reviewing Board is a panel of three administrative law judges. If you disagree with the decision they reach, you can file a lawsuit in court.
Get Help from a Workers’ Compensation Attorney
While workers’ compensation provides a safety net for employees who are injured at work, the process is often complex. Working with an experienced attorney from the start can greatly increase your chances of recovering the benefits to which you should be entitled. An attorney at Ellis & Associates can also help you determine whether any third parties might be potentially liable, helping you to potentially maximize your recovery amount. Call us today to request a free consultation at 800-MR-ELLIS.