Massachusetts Workers Compensation Lawyer

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In Massachusetts, workers' compensation is compulsory. In other words, it is the employer's responsibility to provide the employee or the employee's family with medical and disability benefits due to a job-related injury, occupational illness, or death. The Department of Industrial Accidents oversees the Workers' Compensation system.

Workers' compensation is a type of insurance that accommodates employees who need compensation for medical care due to an injury during the course of work in exchange for the employee's right to sue their employer for negligence. Plans vary according to jurisdictions, though they can be made for weekly payments instead of wages as a type of disability insurance, compensation for past and future economic losses, the payment or reimbursement of the medical expenses as a type of health insurance, and benefits payable to the depends of workers who were killed as a type of life insurance. Not included in worker compensation plans are punitive damages for employer negligence and general damages for pain and suffering.

Domestic servants must work at least 16 hours each week to be covered by the Massachusetts Workers' Compensation Act. All employers are required to secure workers' compensation insurance to cover their employees as well as themselves if they work for the company. In Massachusetts, workers' compensation insurance coverage may be provided through a private insurance company or through a state fund. Also, some employers choose to be self-insured.

In Massachusetts, waivers are not permitted, There are also no numerical exceptions. The employee has the initial choice of a physician, and the waiting period for compensation benefits after the injury is five days. Compensation is retroactive if the disability continues for 21 or more days.
Injuries that result in medical bills and fewer than five days of disability should be reported to the insurance carrier rather than the Massachusetts Department of Industrial Accidents.
The Employer's First Report of Injury must be sent to the Department of Industrial Accidents within seven days starting on the fifth day in which the employee has been disabled due to a job-related injury. An employer is subject to a fine by the Department of Industrial Accidents if they do not file the form within the defined limits of the law.

For temporary total disability (TTD), permanent total disability (PTD), and permanent partial disability (PPD), payments are a percentage of the employee's weekly wages. Payments for PTD may last as long as the employee is disabled. PPD benefits may be reduced due to either unemployment insurance or Social Security benefits received by the injured employee. After the injury occurs, awards may be received along with the TTD benefits. However, the awards cannot be subject to reduction due to the TTD benefits received by the employee.

The employee can receive vocational rehabilitation benefits if they are eligible for worker's compensation in the state of Massachusetts.
If the employee dies as a result of his or her injury, death benefits are given to the employee's spouse or the spouse and his or her children. Death benefits are a percentage of the employee's wages. The spouse and children shall receive at least a minimum benefit, regardless of the employee's past earnings. Compensation for burial is usually available.
Attorney's fees depend upon the outcome of the case.

An important part of workers' compensation is finding an attorney that you are comfortable with, because they have the ability to alleviate a large amount of stress that is associated with an injury and your finances. While you focus on recovering from your injury, they focus on getting you the fair amount of compensation that you are owed.


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