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.

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.

Should I hire an attorney to handle my construction accident case?

In order to be eligible for workers compensation benefits, your case will need to be heard by a conciliator or administrative judge at the Department of Industrial Accidents. The insurance company for your employer will be represented at the Department of Industrial Accidents. You too should have experienced counsel present.

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.

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.

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 but workers will generally be able to obtain treatment. If they request, your employer can have you seen by its doctor as well.

Can I settle my case?

Yes. Worker's Compensation cases can be resolved by way of a settlement. Settlements are reached after negotiation between the injured worker or his attorney and the insurance company. Under most circumstances, your employer must also agree to the settlement.

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.

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.

How long do I have to file a claim after I am injured?

Under §41 of Chapter 152, a claim must be filed with the insurer within four years of the date an employee becomes aware of the connection between their disability and their employment. In the case of the death of an employee, the claim must be within four years of death.